( 1 ) ON the fact of a written report made at police station Mohammadi, district Lakhimpur-Kheri, on 6-10-1988 by Sri Satish Kumar Bajpai against Sri Harihar Chaitanya (applicant) and one Devesh Kumar Trivedi, a crime was registered under Ss. 336 and 506 of the Penal Code. The applicant was arrested and produced on 7-10-1989 before the Judicial Magistrate having jurisdiction to try the case. The Investigating Officer prayed for detention of the applicant for a period of 14 days in judicial custody. The Magistrate perused the contents of the First-Information-Report and formed an opinion that provisions of S. 307 of the Indian Penal Code were, prima facie, attracted. Therefore, by the impugned order dated 7-10-1988, be directed for the preparation of jail warrant for detention of the applicant under S. 307 of the Indian Penal Code.

( 2 ) THIS petition under S. 482 of the Code of Criminal Procedure (in short, Code) has been filed for quashing the said order.

( 3 ) I have heard the learned counsel for the parties and have carefully considered the points canvassed before me. From the facts given above, it is clear that while exercising powers under S. 167 of the Code,