B. K. PATRA, J.

( 1 ) THE short point that arises for consideration in this case is whether a Magistrate acting under Section 159 Cr. P. C. has got the power to stop investigation by the police of a cognizable offence while the investigation is already in progress, and to order a magisterial enquiry.

( 2 ) OPPOSITE party no. 1 was at the relevant time the Sub-Inspector of Police in charge of the Atgarh Police Station and opposite party No. 2 was the Sub inspector of Police in charge of Motor Vehicles in the office of the Superintendent of Police, Cuttack. A first Information Report was lodged against them m the Vigilance Police Station accusing them of having committed offences under Section 161 I. P. C. and Section 5 (2) (41 of the Prevention of Corruption Act, 1947. (Act 2 of 1947) and the investigation was taken up by the Deputy Superintendent of vigilance, Cuttack. While the matter was pending investigation by the Vigilance police, opposite party no, 1 filed an application under Section 159 Cr. P. C. before the Additional District Magistrate (Judl.), Cuttack for staying investigation by the vigilance Police and for directing magisterial enquiry into the case. The learned A. D