P. S. Sahay, J.

This application is for quashing the police Investigation of Kotwali P.S. Case no. 17(6)74 and also for a direction to the Chief Judicial Magistrate, Patna (respondent no. 4) not to proceed with the case.

2. In order to appreciate the points raised in this application it will be necessary to state some facts. On 5th June, 1974 on the statement of respondent no. 5 a case under sections 120 (B), 307 and 324 of the Indian Penal Code and sections 25 (a), 26 and 27 of the Arms Act was registered against the petitioner and others which gave rise to Kotwali P. S. Case no, 17(6)74. A copy of the First Information Report has been filed along with the application marked Annexure 1. According to this report, a procession of the Chatra Sangharsh Samiti was passing, and some people fired on the procession causing injury to some persons who were going in the procession. The petitioner and others were arrested in connection with the aforesaid case, and, after investigation charge-sheet was submitted in the case on 3.8.1974 against them. A copy of the same has been filed along with the application marked Annexure 2. After cognizance was taken the case was pending before the Chief Judicial Magistrate, Patna.

3. The Public Prosecutor, Patna, filed an application on 25.11.1975 before the Chief Judicial Magistrate for permission to withdraw the case on the ground of inexpediency and also on the ground of public policy. On the same day the Chief Judicial Magistrate allowed the prayer of the Public Prosecutor and discharged the petitioner and others. A copy of the order passed by him has been filed along with the application marked Annexure 3. The petitioner was a member of the Indian National Congress and was also a Member of the Bihar Legislative Assembly. He again contested the election held in 1977 but lost the same. The Janta party came into power and a Ministry was duly installed. On 1.12.77 a revision petition was filed on behalf of the State before the Sessions Judge, Patna, with a prayer to set aside the order of the Chief Judicial Magistrate allowing the withdrawal of the case (vide Annexure 3), and that gave rise to Criminal Revision 548 of 1977. That application was withdrawn by the State on 15.2.1978. A copy of the order has been filed along with the application marked Annexure 4. On 13.4.1978 a requisition was made by the D.S.P., C.I.D., Bihar, for issue of non-bailable warrants of arrest with processes under section 82 and 83 of the Code of Criminal Procedure (herein after referred to as the 'Code') against the petitioner and others, as the investigation of the case was re-opened under the orders of the Additional I.G., C.I.D, Bihar, Patna, by his order dated 31.12.1977. A copy of the aforesaid requisition has been filed along with this application marked Annexure 5. On receipt of the aforesaid requisition, the Chief Judicial Magistrate (respondent no. 4) called for the records and by his order dated 20.4.78 ordered for issuance of non• bailable warrants of arrest against the petitioner and others. A copy of the order has been filed along with the application marked Annexure 6. The petitioner has therefore, filed this writ application.

4. Mr. Brajkishore Prasad appearing on behalf of the petitioner has contended that the reopening of the investigation is mala fide and the action taken by the Chief Judicial Magistrate (respondent no. 4) on the requisition by the police on 13.4.78 and 20.4.78 was wholly without jurisdiction. Learned Standing Counsel appearing on behalf of the State has on the other hand contended that it is the statutory duty of the police to investigate a cognizable case and also to re-open investigation which may amount to further investigation and, therefore, this court should not interfere. It has been further contended that it is the subjective satisfaction of the police officers which cannot be gone into by this court which will virtually amount to interference with the investigation. Reliance