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Judgment
Trevelyan and Beverley, JJ.—In this case the learned pleader for the petitioner does not appear in-support of the rule. The rule was granted on the authority of the decision of Mr. Justice Brodhurst in Queen-Empress v. Sukha ILR All. 14, in which he holds that the Appellate Court, acting u/s 423 of the Criminal Procedure Code, can only direct a committal in cases exclusively triable by the Court of Sessions. There is a contrary decision by two learned Judges of the Bombay High Court in the case of Queen-Empress v. Abdul Rahiman ILR 16 Bom. 580 differing from Mr. Justice Brodhurst''s decision. We prefer the Bombay authority, and we are of opinion that the words of the section are quite wide enough to warrant the Magistrate in doing what he has done here, and that the section is not limited to cases exclusively triable by the Court of Sessions. We, therefore, discharge the rule.