( 1 ) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (for short the Code ) read with Article 227 of the Constitution of India was assigned to a learned Single Judge of this Court. The learned Single Judge was of the opinion that the petition should be heard and decided by a Division Bench in view of the fact that the impugned order passed by the learned Metropolitan Magistrate dated 11/12/1996 entrusting investigation of the case under Section 498a/306/34 Indian Penal Code to the D. C. P. (Crime) was based on a judgment of the Division Bench of this Court in Criminal Writ No. 359/96 dated Augu 26/08/1996 taking the view that under sub-section (3) of Section 156 of the Code a magistrate always has the power to order investigation into a crime and this power does not get extinguished with the filing of the challan before him under Section 173 (2) of the Code, whicl was contrary to the decision of the Supreme Court in Randhir Singh Rana v. State, 65 (1997) DLT 207. Pursuant to the order of the learned Single Judge the File was placed before Hon ble the Chief Justice on the administrative side for assigning the matter to a Division Bench. However