M.P.Varma, J.

1. In this application the learned Advocate Sri Wasi Akhtar appearing for the petitioner has raised several issues with regard to the powers vested in a Magistrate under Chapter 15 of the Code of Criminal Procedure (hereinafter referred to as the Code) and how a Magistrate is to act. and to proceed in case of a complaint, filed before him.

2. The application has been directed against an Order, dated 22.6.1981, passed in an Enquiry case No. 131/1980, by Sri R.P. Pandey, Judicial Magistrate, 1st class at Motihari, district East Champaran. The learned Magistrate, by this order impugned, has dropped the case. The order reads as follows:

Complainant is present. In the present case final form submitted by the police was accepted on 12.2.80 and proceeding of this case was also dropped. Thereafter the case is being proceeded on the protest in the form of complaint.

In view of the observation of the Hon ble High Court, Patna in Cr. Misc. No. 3869/1979 (passed on 9.1. 81), the cases emerged on the basis of protest petition in form of complaint after submission of final form by the police and accepted by the court is bad in law. So the present case will not proceed and h