M. B. SHARMA, J.

( 1 ) THIS revision petition involves an interesting question of law as to whether in a complaint case if the Magistrate decides to post Pone the issues of process under section 202 (1) Cr. P. C. he can direct the investigation to be made by a police officer without first examining the complainant?

( 2 ) THE relevant facts for the disposal of the above enumerated point are these. Lokuram non- petitioner filed a complaint in the court of learned Munsif and Judicial Magistrate, Anupgarh on 14- 10-1981 against Ramnarain, the petitioner herein and 8 others in all number 109 nine under sections 494 and 494/109 I. P. C. The learned Magistrate did not examine the complainant under section 200 Cr. P. C. and thought it proper to postpone the issue of process till the investigation was made by the police officer. He, therefore, sent the case under section 702 (1) Cr. P. C. to the S. H. O. police station, Anupgarh. The report of the S. H. O. was received and on 22. 10. 1981 the learned Magistrate took cognizance of the offence against the accused person and others as stated earlier.

( 3 ) THE contention of the learned advocate Shri S. R. Arora for the accused petiti