S.B.Sinha, J.

1. This application is directed against an order dated 7-1-1987 passed by Shrimati S. Sinha, Chief Judicial Magistrate, Giridih in T.R. Case No. 562/87; whereby and where under the said learned court directed issuance of processes as against the petitioners for standing trial for an alleged offence under Secs. 144 and 379 of India Penal Code.

2. Mr. Ram Awtar Shamla, learned counsel appearing on behalf of the petitioners, raised two fold contentions in support of this application. The learned counsel firstly submitted that the learned Magistrate being not satisfied that a case for issuance of processes has been made out, called for a report from the police and pursuant thereto the officer-in-charge, Dumari Police Station submitted a report wherein he stated that only a few petitioners are guilty of the alleged offence. The learned counsel, therefore, submitted that the learned court below had no jurisdiction to examine any further witnesses in an enquiry under Sec. 202 of the Code of Criminal Procedure and directing issuance of processes as against all the petitioners in pursuance thereof. Secondly, the, learned counsel submitted that as the police report was called for by Shri P.R. P. Venna, Judicial Magistrate, Shrimati S. Sinha had no jurisdiction to issue processes. My attention has also been drawn to an order dated 19-9-1985 passed in Cr. Misc. No. 3469/85. (R) wherefrom it appears that earlier this court quashed the order taking cognizance as against the petitioners and remitted the case back to the court below for disposal thereof in accordance with law.

3. It is net in dispute that after the complaint petition was filed, the complainant was examined on solemn affirmation on 15-1 I -1984 as is evident from the certified copy of the complaint petition itself. From the order sheet it appears that the case was later on transferred to the court of Shri B.B. Pandey, Judicial Magistrate, Giridih and was registered T.R. No. 562/87. It is evident that Smt. S. Sinha, is a successor in office of the court of Shri P.R.P. Verma, Judicial Magistrate as the order sheet suggests.

4. So far as the first contention raised by Mr. Sharma is concerned, in my opinion, the same has no substance. Only because a report has been called for by a court from the Officer-in-charge, of a Police Station, the same does not mean that the court concerned would be bound by the report submitted to him and is precluded from examining any other witnesses in enquiry under Sec. 202 of the Code of Criminal Procedure. The Power of the court to hold an enquiry under Sec. 202 of the Code of Criminal Procedure in order to come to a conclusion as to whether the case should be enquired into in terms of Sec. 202 of the Code of Criminal Procedure for the purpose of finding out as to whether any prima facie case has been made out as against the accused person named in the complaint petition or some of them in terms of Sec. 204 thereof is a wide one. Evidently the said power is to be exercised in accordance with law.

5. It is evident from the report submitted by the officer-in-charge of the Dumari P.S. that he found that an offence has been committed as alleged by the complainant, in her complaint petition.

6. From a persual of the said police report it appears that he found that (1) Kishun Rai (petitioner No.7). (2) Puran Rai (petitioner No.8). (3) Fucha Rai (petitioner No. 10), (4) Dinu Rai (petitioner No.2), (5) Puran Rai (petitioner No.3), (6) Pran Rai (petitioner No. 21), (7) Lali Rai (petitioner No. 16), (8) Mangar Rai (petitioner No. 22), (9) Janki Rai (petitioner No. 23), and (10) Hemal Rai (petitioner No. 26) participated in the offence. The witnesses who were examined before the court. below took the names of (1) Dinu Rai (petitioner No.2), (2) Endo Rai (petitioner No.4), (3) Huro Rai (petitioner No. 12), (4) Janki Rai (Petitioner No. 23) (5) Hemal Rai (petitioner No. 26), (6) Jhagar Rai (petitioner No. 17), (7) Jhandu Rai (petitioner No.