BHANDARI, J.—This case has been referred to a Division Bench by Chhan-gani J. as in the opinion of the learned Judge the point involved in this case requires consideration by a larger Bench.

2. The point referred to may be stated, as follows—

"Whether a magistrate empowered to take cognizance of the office on a Police report can order the Police to submit a charge-sheet in a case in which the officer-in-charge of the Police Station concerned has forwarded a report to the effect that on investigation no offence has been made out."

3. There are two decisions of this Court on this point and they are Lumba Ram vs. The State (1) and the State vs. Mohan (2). This matter has been considered by various High Courts in India and there is divergence of judicial opinion on this point. Some of the cases of various other High Courts in India bearing on this point are A. K. Roy vs. State of West Bengal (3), Uma Singh vs. Emperor (4), Raghunath Puri vs. Emperor (5), Shukadeva Sahay vs. Hamid Miyan (6), Mahabir Prasad Agarwala vs. The State (7), State vs. Murlidhar Goverdhan (8), Rama Shanker vs. The State of Uttar Pradesh (9), Narendralal Mukherjee vs. The State (10), Abdul Rahim, 1st party vs. Abdul

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