S.S.SANDHAWALIA, J.

1. Whether upon the receipt of a report under Section 173 of the Code of Criminal Procedure, 1973, the Magistrate has jurisdiction to differ with the conclusions of the police and direct that the accused hot sent up for trial and mentioned in column No. 2 thereof should also be summoned and committed to the court of Session under Section 209 of the Code is the meaningful question, which has necessitated this reference to the Division Bench.

2. The issue aforesaid arises from a quadruple murder case. According to the allegations laid in the first information report Surinder Kaur and her first cousin Satwinder Kaur - were sleeping together on a cot in their house in village Mansurpur. Nearby Smt. Dharam Kaur, mother of Surinder Kaur and Gurjinder Pal Singh, a child aged about three years were also lying on a separate cot. Smt. Parkash Kaur with her little baby child of about one month was. sleeping close-by on another cot. The men folk of the house were apparently absent and sleeping at their tubewell in the fields. At about midnight, there was a knock at the outer door of the house and Surat Singh petitioner, along with his co-accused Swaran Singh demande