1977 (10) TMI 117 - SC - Indian Laws

Summary

Issues Involved:
1. Whether a Magistrate can issue notice to the complainant, record statements, and issue processes u/s 204 after directing investigation u/s 156(3) and receiving the final report.
2. Interpretation of the term "taking cognizance" as used in sections 190, 200, and 202 of the Code of Criminal Procedure, 1973.
3. The scope and ambit of sections 156(3), 190, 200, 202, and 204 of the Code.

Summary:

Issue 1: Magistrate's Authority Post-Investigation u/s 156(3)
The Supreme Court examined whether a Magistrate, after directing an investigation u/s 156(3) and receiving a final report, can issue notice to the complainant, record statements, and issue processes u/s 204. The Court held that a Magistrate can indeed take such actions. The Magistrate's powers under section 156(3) are exercised before taking cognizance, and once cognizance is taken, the Magistrate can proceed under sections 190, 200, and 204.

Issue 2: Interpretation of "Taking Cognizance"
The Court clarified that "taking cognizance" occurs when a Magistrate applies his mind to the suspected commission of an offense for the purpose of proceeding under the subsequent provisions of the Code. This does not involve any formal action but is a judicial application of the mind to the facts mentioned in the complaint.

Issue 3: Scope and Ambit of Relevant Sections
The Court analyzed the scheme of the Code and concluded:
1. A Magistrate can order investigation u/s 156(3) only at the pre-cognizance stage.
2. Upon taking cognizance, a Magistrate can:
- Issue process if satisfied with the complaint.
- Postpone the issue of process and conduct an inquiry.
- Direct an inquiry by another person or an investigation by the police.
3. If not satisfied with the grounds for proceeding, the Magistrate can dismiss the complaint.
4. After receiving a report from an investigation ordered u/s 156(3), the Magistrate can act on the report, discharge the accused, or take cognizance and proceed u/s 190.

The Court found that the Magistrate in this case acted within his powers by issuing notice to the complainant, recording statements, and issuing processes after receiving the final report from the police. The appeal was dismissed, affirming the High Court's decision.