Nagendra Prasad Singh, J.

This is an application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the new Code) for quashing an order, dated the 10th July, 1974, passed by the Sub-divisional Judicial Magistrate, Latehar, directing issuance of a warrant of arrest against the accused-petitioner, in exercise of powers conferred by section 204 of the Code, after consideration of an inquiry report submitted by Shree R. Chand, Judicial Magistrate, First Class, Latehar, that a prima facie case under section 326, 307, 395 and 504 of the Indian Penal Code had been made out against the accused-petitioner.

2. From the statements made in the application filed in this Court it appears that the complainant-opposite party no. 1 filed a petition of complaint on the 29th April, 1974 before Shree A.C. Das, Sub-divisional Judicial Magistrate, Latehar, against the petitioner and five unknown persons for their prosecution under sections 147, 326, 342, 395, 504 and 34 of the Indian Penal Code. On receipt of the complaint, the Sub-divisional Judicial Magistrate examined the complainant on solemn affirmation and passed an order saying that it was a fit case in which the issuance of process against the accused should be postponed and the Officer-in-charge, Latehar police-station should be directed to investigate into the case and submit the final form. From the order, dated the 11th June, 1974, it appears that a protest petition was filed on behalf of the complainant against the investigation by the Police and it was directed to be put up on the 24th June, 1974. On the 24th June, 1974, the Sub-divisional Judicial Magistrate observed in his order that, by his order, dated the 29th April, 1974, he had directed the Officer-in-charge, Latehar police-station to investigate into the case; but the said Officer-in-charge, instead of investigating into the case, had sent a report after inquiry into the matter, which was perfunctory. He directed that the case be sent to Shree R. Chand, Judicial Magistrate, First Class, to hold inquiry into the matter and to submit his report. The relevant portion of the order in this regard runs as follows:

"Now let this case is sent to Shri R. Chand, J.M. 1st class to hold enquiry into the matter and submit his report by 10-7-74."

3. On the 8th July, 1974, the inquiry report of Shree R. Chand was received and it was ordered to be put up on the date fixed, i.e. 10th July, 1974. On the 10th July, 1974, after perusing the inquiry report, the learned Sub-divisional Judicial Magistrate passed the impugned order directing issuance of a warrant of arrest against the petitioner, as indicated earlier.

4. Learned counsel for the petitioner has submitted that the order directing issuance of the warrant of arrest is vitiated due to an illegal procedure adopted by the Sub-divisional Judicial Magistrate which is not sanctioned by the provision of the new Code. In that connection he has drawn my attention to subsection (i) of section 202 of the new Code, the relevant portion of which reads as follows :

"202. (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under Sec. 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police-officer or by such other person, as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding"

Learned counsel has submitted that, in view of sub-section (1) of section 202 of the new Code, the Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance, or which has been made over to him under section 192, may either inquire into the case himself or direct an investigation to be made by a police officer or by such other person, as he thinks fit, for the purpose of deciding whether or not there is sufficient