JUDGMENT : Knox, J. Haji Baqar put in a petition addressed to the Collector and Magistrate of Allahabad. In that petition he alleged that “Bansi and other Hindus were committing acts which called for an enquiry. It was not a complaint and the only necessity for refering to it here is that the papers which resulted from that petition and consisted of a local enquiry made by the Tehsildar, had been considered by the District Magistrate of Allahabad in this subsequent case. Haji Baqar has now lodged a definite complaint against these same Hindus and his charge is that they have dug up graves in order to make a road in the abadi and they have been doing away with the bones which they found in the graves and of committing offences which come within sections 295 and 297 of the Penal Code, 1860. 2. The District Magistrate not being satisfied as to the truth of this complaint after examining the complainant sent for the papers which resulted from the previous complaint and considered them. This he had no power to do, but after considering them he rejected the complaint. 3. It is urged before me that the learned Magistrate should have followed the procedure of section 202 of the Criminal Procedure Code. 4. Technically this contention is correct. Ordinarily I should have refused to proceed further but as this contention relates to Hindus and religious matters it is expedient that the strict procedure laid down in the Code be followed. No Magistrate can be compelled to issue a process if he is not satisfied with the truth of a complaint; and in passing the order I do, it must be clearly understood that my order does not contemplate any action under section 204 of the Code of Criminal Procedure, unless the Magistrate is satisfied as to the truth of the complaint. 5. I set aside the order rejecting the complaint and I direct that the record now go to the court of Mr. Norton, Joint Magistrate of Allahabad. 6. The complainant has been examined. The joint Magistrate will now, if he wishes, further examine the complainant and, if he considers it necessary, direct previous local investigation by any one of the authorities mentioned in section 202 of the Criminal Procedure Code. Norton, Joint Magistrate of Allahabad. 6. The complainant has been examined. The joint Magistrate will now, if he wishes, further examine the complainant and, if he considers it necessary, direct previous local investigation by any one of the authorities mentioned in section 202 of the Criminal Procedure Code. If after considering the examination on the record of the complaint and considering the result of any investigation which he may direct under section 202, there is, in his judgment, no sufficient ground for proceeding, he may dismiss the complaint; it is also open to him, if he is of opinion that a prima facie case has been made out, to proceed under section 204 of the Code of Criminal Procedure.