( 1 ) THE short question that arises in this application under Section 439 O. P. C. is whether the learned Magistrate's order directing a second enquiry under Section 202 Cr. P. C. is illegal and should be set aside.

( 2 ) THE opposite party Khandu Dutta filed a complaint before a learned Magistrate at Purulia against the present petitioners alleging that the petitioners dragged the complainant's father Kishori from the road to their gate and attempted to take a photograph. On Kishori's protest, he was assaulted and a photograph was taken. Thereafter, his signature was also taken on point of gun on a khata and ultimately, he was rescued by some neighours. The learned Magistrate after examination of the complainant directed the officer-in-charge to enquire and report. On receipt of the report the learned Magistrate passed the following order: 21-5-64 Complt. present. Seen enquiry report submitted by O. C. The report is challenged. Let the complt. prove his case in a judicial enquiry. The petitioner-accused then appeared and filed an objection challenging the learned Magistrate's order directing a fresh judicial enquiry. By his order dated 1-7-64, the learned Magistra