NAIK, J. :- This petition raises a rather important question as to when an inquiry in a proceeding under Sec.118 of the Code of Criminal Procedure, 1973, should be held to have commenced.

2. The question arises under the following circumstances: report under Section 110 of the Code of Criminal Procedure 1973, was made by the police against the petitioners to the Judicial Magistrate, Vengurla, on September 3, 1975. On that very day the learned Magistrate passed an order under Section 111 of the Code of Criminal Procedure, below the said report of the police which was numbered as Chapter Case No.2 of 1975. As the opponents-present petitioners, were not present, a summons was issued to them under Section 113 of the Code of Criminal Procedure to appear in Court on October 2, 1975. On that date the opponents did appear along with their advocate in obedience to the summons. As is clear from the roznama of that date the order under Section 111, which was passed by the learned Magistrate being read over and explained to them they were also supplied with a copy of that order. The petitioners also executed bail bonds as directed by the Magistrate. But then the learned Magistrate with