I.S.TIWANA, J.

1. Whether it is mandatory for a Magistrate deciding to proceed against an accused on taking cognizance of a non-bailable offence on a complaint to issue bailable warrant in the first instance irrespective of the fact that the, accused has not obtained anticipatory bail under S.438 of the Cri P.C. is the precise question posed before us for answer on a reference. Though it is not necessary to advert to the detailed factual matrix of the case in order to answer the purely legal question noted above yet a brief reference to the following facts is called for to unravel the controversy raised.

2. On 24th Oct. 1982, Ajit Singh lodged First Information Report No.212 with Police Station Fatehgarh Churian, District Gurdaspur, about the murder of his son Baljinder Singh alias Balwinder Singh and amongst others accused the present petitioner Puran Singh on that account. As a result of the investigation that followed, the police found Puran Singh innocent and mentioned his name in column No.2 of the challan papers which were submitted to the Court under S.193 of the Code. On 2nd Feb. 1983, Ajit Singh respondent filed a complaint under S.302/34, Penal Code, and arrayed P