B.P.Singh, J.

1. The Special Judge (C.B.I.), Patna, before whom Special Case No. 65 of 1996 is pending, has made a reference to this Court under Section 395 of the Code of Criminal Procedure, referring for the decision of this Court two questions of law, which, in his opinion, arose for consideration, and which were not covered by any direct decision on the point. The two questions of law which he has formulated for the consideration of this Court are :

"(1) Whether the proceeding in between filing of charge-sheet and commencement of trial in a warrant case is an enquiry?

(2) Whether the undertrial can be remanded to custody after submission of charge-sheet even before taking cognizance during such enquiry?"

2. Before Proceeding to express my opinion on the questions of law referred to this Court, a few facts which are not in dispute may be noticed. On the basis of a first information report a case was being investigated by the Central Bureau of Investigation and some of the accused were remanded to judicial custody pending investigation. Some of the accused are political figures, and one of them happened to be the Chief Minister of the State of Bihar at the relevant time.