( 1 ) ). A citizen who was arrested by a police officer has approached this Court by way of the present petition and has made very serious allegations against the concerned police officer. A notice pending admission was issued and the officer concerned was directed to produce the petitioner in person before the Court. The learned Public Prosecutor was asked in what proceeding and under what provision the petitioner had been arrested. The learned Public Prosecutor after taking instructions from respondent No. 1 the P. S. I. who has made the arrest stated that a private complaint had been lodged against the petitioner in the Court of the Metropolitan Magistrate 3 Court and that the Magistrate concerned had directed the police officer to make investigation in respect of the complaint under sub-sec. (1) of sec. 202 of the Code of Criminal Procedure of 1973 (Code ).

( 2 ) THE question that has surfaced in the back drop of the aforesaid facts and circumstances is: when upon receipt of a complaint of an offence a Magistrate instead of issuing process postpones the issue of process against the accused and directs a police officer to make an investigation for the purpose of