UDAY SINHA, J.

1. These five miscellaneous applications under S. 482 of the Cr. P. C., 1973 (hereinafter referred to as the Code) have been heard together by this Special Bench, as a common question of law is involved in all these applications. In Kailash Pandey V/s. State of Bihar (1977 BBCJ 722) a Division Bench of this Court held that after the enactment of the Cr. P. C., 1973 a Magistrate has no jurisdiction to differ with the conclusions of the police contained in a police report, if the police did not feel that any offence had been committed or if it did not recommend a particular accused being put on trial. B. P. Sinha, J. not finding himself in agreement with the law laid down in that case directed Criminal Miscellaneous No. 1787 of 1977 and Criminal Miscellaneous No. 1803 of 1977 to be placed before a Division Bench. The other applications thereafter followed suit and were directed to be placed before a Division Bench. The Hon ble Chief Justice, finding that three learned Judges of this Court had doubted the correctness of the law laid down in Kailash Pandeys case (supra), constituted the present Special Bench in order to set the law at rest in regard to the powers