Ashworth, J.:— This is a reference by the District Magistrate of Muttra asking for the transfer of a certain case on the ground that no Court within his district has jurisdiction to try the same. The accused person is being tried for retention in Aligarh of a bullock stolen in Muttra and the Magistrate is of the opinion that the provisions of Section 181(3) of the Cr PC as amended by Section 42 of the Criminal Procedure (Amendment) Act, 1923, exclude the jurisdiction of the Muttra Court.
2. The Magistrate has wrongly construed the provision referred to. Section 181(3) of the Cr PC as amended means that the offence of being in possession of stolen property may be inquired into either in the district where was stolen or where it was found to dishonestly possessed. This indeed is expressly stated in illustration (6) to s. 180. It must be conceded that the language of s. 181(3) as amended is open to objection.
3. The context requires that the words “such offence” in that section should mean the offence of theft whereas grammatically they should mean any offence of possession.
4. For the above reasons let the record be returned to the Magistrate with a direction that the case be allowed to proceed.
5. Record returned.