The State Of Andhra Pradesh vs Hotel Sri Lakshmi Bhavan on 30 January, 1973
10. On closely perusing the judgment in State of U. P. v. Lakshmi Bharman and Anr. (supra), it becomes manifest that the specific point before us was not even remotely raised in the said case, far from being adjudicated upon. The basic and, indeed, the solitary question, which arose and was decided, was whether from the time the accused appears before the Magistrate with a police report under Section 170 and the Magistrate proceeds to inquire whether Section 207 has been complied with and then proceeds to commit the accused to the Court of Session, the proceeding before the Magistrate would be an inquiry as contemplated by Section 2(g) of the Code, Holding so, it was held that if the Magistrate is holding the inquiry obviously under Section 309 would enable the Magistrate to remand the accused to custody till the inquiry to be made is complete. If is thus plain that this Supreme Court case is in no way relevant to the issue.