JUDGEMENT Sri G.P. Dixit, Advocate for the applicant, has been heard. On the basis of a police report, the applicant has been summoned to meet various offences punishable u/ss. 419, 420, 467, 468 and 471, I.P.C. All these offences are triable as a warrant case by the Magistrate. The Magistrate has supplied copies of the prosecution papers in accordance with S.207 Cr. P.C. The Magistrate will now proceed in accordance with S.239. He will examine the applicant and then on a consideration of the prosecution papers and the statement of the applicant (accused) and after hearing both the parties, if he considers that the allegations against the applicant are not triable by him, he shall discharge the applicant. 2. Correctly speaking, the applicant wants this court to exercise the powers of the Magistrate given to him u/s. 239. So far the applicant has not ventilated his grievance before the Magistrate. 3. The Court is required to exercise inherent power u/s. 482 Cr. P.C. under 3 conditions-(1) to make such orders as are necessary to give effect to any order under the Code, or (2) to prevent abuse of the process of any court, or (3) to secure the ends of justice. The present case does not, in my opinion, fall under any of these conditions for the simple reason that the applicant has not yet allowed the Magistrate to follow the procedure provided in S.239. In fact the applicant wants to depart from this statutory provision. 4. No doubt u/s. 204 Cr. P.C. before issuing a summons or a warrant, the Magistrate while taking cognizance of an offence can consider whether there is sufficient ground for proceeding. In the case arising out of a private complaint the Magistrate is required to examine the complainant u/s. 200 and to examine other witnesses u/s. 202 Cr. P.C. but this procedure is not applicable to a case which arises on the basis of a police report. Under S.190, the Magistrate can take cognizance on the basis of a charge-sheet submitted by the police. The police submits charge-sheet after investigation. I am extremely doubtful that while issuing process to an accused u/s. 204, any Magistrate goes through the case diary prepared by the Investigating Officer. The Magistrate can look into the case diary u/s. 239. 5. Under S.190, the Magistrate can take cognizance on the basis of a charge-sheet submitted by the police. The police submits charge-sheet after investigation. I am extremely doubtful that while issuing process to an accused u/s. 204, any Magistrate goes through the case diary prepared by the Investigating Officer. The Magistrate can look into the case diary u/s. 239. 5. In the above circumstances I am of the opinion that the applicant should first ventilate his grievance before the Magistrate that the facts alleged by the prosecution do not constitute any offence against him and that he should allow the Magistrate to follow the procedure given in S.239. If the Magistrate frames a charge against him u/s. 240 and the applicant feels aggrieved thereby, he may approach this court at that stage. 6. For what has been stated above this application does not afford sufficient material at this stage for the interference by this Court u/s. 482 Cr. P.C. It is rejected accordingly. Application rejected.