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Judgment
Burn, J.—I am unable to accept this reference. With all respect to King, J., I am unable to follow the reasoning in In Re: Rajaratnam Pillai, ,
Criminal Procedure Code, is concerned with extra-judicial information, knowledge or suspicion and it has nothing (in my opinion) to do with
knowledge gathered by a. Magistrate in open Court from the evidence of witnesses given during a trial. If a Magistrate begins a trial as a Summons
Case and then finds that an offence triable only under Warrant Case procedure has been committed, he is, I think, bound to apply Warrant Case
procedure thenceforward and he is not in any way disqualified from proceeding with the trial. Let the papers be returned and the case proceed.