Code of Criminal Procedure, 1973 : Sections 438-Protection under-Scope of--:Complaint under S. 406, 467, 468, 471 and 420 IPC-Prayer by accused for protection in terms of S. 438- On facts, held: the prayer was rightly rejected by High Court. Section 438-Application under-Held: Legality of proposed arrest cannot be gone into in such an application-Interim order restraining arrest, if passed while dealing with an application under S. 438, will amount to interference in the investigation, which cannot be done under S. 438. Sections 438 and 439-Distinction between-: Discussed. Complaint was lodged alleging commission of various offences more particularly those under Sections 406, 467, 468, 471 and 420 IPC against the appellant and five others. Prayer was made to the Judicial Magistrate for taking action in terms of Section 156(3) CrPC who directed the officer-in-charge of the concerned Police Station to investigate after taking the petition of complaint as FIR and to submit report before the Sub-Divisional Judicial Magistrate (SDJM). The accused filed application under Section 438 CrPC before High Court alleging that they were victims of a conspiracy. High Court declined to accept the prayer made by appellant-accused to extend the protection available under Section 438 CrPC. Hence the present appeal.