Birendra Prasad Sinha, J.

1. This case has come to us on a reference made by S. Shamsul Hasan, J. The question for consideration is whether an executive Magistrate can be asked to investigate a complaint under Sec.202 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the new Code.)

2. On 21-3-1975 a complaint was filed by opposite party Bishua Mandal in the Court of the Chief Judicial Magistrate, Bhagaipur. On the next day, the learned Magistrate examined the complainant on solemn affirmation and directed Shri S. Ram, Execute Magistrate, Bhagalpur, to investigate into the allegations. Shri S. Rum, Executive Magistrate, recorded the statement of some witnesses produced by the complainant and submitted a report. The learned Chief Judicial Magistrate, on 17-6-1976, disagreeing with the said report, took cognizance of the offences under Sections 147, 148, 379 and 427, Indian Penal Code, against the petitioners and transferred the case to the file of Shri R.P. Yadavendu, Judicial Magistrate, 1st Class, for disposal.

3. It has been submitted on behalf of the petitioners that the Chief Judicial Magistrate could not direct an investigation to be made by an Executi