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 Muktadin (11), Kachu Gegoi vs. The State (12), (Chigurupati) Venkata Subba Rao vs. Naraharisetty Anjanayulu (13), Harbir Singh vs. The State (14), Mt. Ido w/o Baru vs. Gainda Singh Sobha Singh (15) and Amar Premanand vs. The State (16). Before we take up these cases for consideration, we think it proper to consider the provisions of Criminal Procedure Code touching this point.

4. The Criminal Procedure Code empowers the District Magistrate and the other Magistrates with certain administrative and judicial powers. These officers have been invested with these powers for the preservation of law and order, for safeguarding the rights of citizens in the matter of arrest and search and for holding enquiry or trial. On examining some of the provisions contained in Chapter XIV and XV of the Code we find that the police has been directed to carry on investigation on information received by it in cognisable and non-cognisable case. Under sec. 156(3) any magistrate empowered under sac. 190 may order such investigation. Under sec. 157, an officer in charge of a Police Station is directed to send forthwith a report of the information received by him to a magistrate empowered to take cognizance of such evidence upon a Police report. Under sec. 159 such a magistrate on receiving such report, may direct an investigation or if he thinks fit at once proceed to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided by the Code. Usually a report is submitted by the officer in charge of the police sending a copy of the First Information Report and further mentioning therein that investigation has been taken up by him. After the investigation has been completed, under sec. 173 the officer in charge of the police station is to forward to a magistrate empowered to take cognizance of the offence upon a report in the form prescribed by the State Government setting forth the names of the parties, the nature of the information and the names of the persons who appeared to be acquainted with the circumstances of the case and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and if so, whether with or without sureties. If on investigation, it appears to the police officer in charge of the police station that there is sufficient evidence or reasonable ground, such officer shall forward the accused under custody to a magistrate. The Rajasthan Police Regulations (1948) (hereinafter called the Regulations) provide in Regulation No. 315 that in such a case a charge sheet which is a report prescribed under sec. 173 of the Code is to be submitted by the officer in charge of the police station to the magistrate concerned. There can be little doubt that on such a report cognisance of an offence ca

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