( 1 ) TWO revered Judges of this Court have differed on very vital point arising on the interpretation of the provisions contained in Section 257 of Code of Criminal Procedure, 1973 (for short the new Code ). The matter which has been referred to this Court for adjudication is whether the provisions in the said Section 257 of the new Code will be applicable during "investigation".

( 2 ) BOBBY alias Premveer and Gyani alias Gyanendra Singh, applicant Nos. 1 and 2 in this case have filed an application under Section 482 Cr. P. C. which contains the following prayer". . . . . . . . . . . . the order dated 30-8-1999 issuing warrant b Case Crime No. 88 of 1999 under Section 395/412, I. P. C. Police Station Govind Nagar, Mathura passed by the C. J. M. Mathura be quashed. . . . . . . . . . . ".

( 3 ) BOTH the applicants alleged to be the residents of Aligarh and Ghaziabad, have alleged that a report under Section 392, I. P. C. was initially registered against them in Case Crime No. 88 of 1999 at Police Station Govind Nagar District Mathura but subsequently it came to be converted into under Sections 395/412, I. P. C. It is stated in paragraph 4 of the affidavit filed in sup