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TMI Blog2001 (1) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... should have been upset in the interest of justice. The complaint was filed by the second respondent (Mahesh Patidar) before the Chief Judicial Magistrate, Neemuch (M.P.) on 12.8.1999 alleging that the appellant and his wife Geeta Devi have committed offence under Section 3 of the Prized Chits and Money Circulation Scheme (Prohibition) Act and under Section 420 of the Indian Penal Code. The Chief Judicial Magistrate passed an order on 18.8.1999 which is extracted below: The complaint submitted by the complainant has been perused. This complaint has been submitted by the complainant for initiating action against the accused under Section 3 of the Prizes, Chits and Money Circulation Scheme (Prohibition) Act and Section 420 of the IPC. Both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh Kumar vs. State of Haryana {1996 (3) Recent Criminal Reports 137}. The former decision of the Rajasthan High Court need not vex our mind as the consideration focussed therein was on the scope of Section 202(1) of the Code and the learned Single Judge observed therein that a magistrate cannot make any order regarding police investigation without examining the complainant on oath. If the facts in that case remained one under Section 202(1) of the Code then the observation cannot be faulted with. That apart, as the point involved in this case is different we do not think it necessary to examine the said decision. But the other decision rendered by a Single Judge of the Punjab and Haryana High Court (Suresh Kumar vs. State of Haryana) ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to information to the police and their powers to investigate, whereas Chapter XV, which contains Section 202, deals with provisions relating to the steps which a magistrate has to adopt while and after taking cognizance of any offence on a complaint. Provisions of the above two chapters deal with two different facets altogether though there could be a common factor i.e. complaint filed by a person. Section 156, falling within Chapter XII, deals with powers of the police officers to investigate cognizable offences. True, Section 202 which falls under Chapter XV, also refers to the power of a Magistrate to direct an investigation by a police officer. But the investigation envisaged in Section 202 is different from the investigation contemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd up only with the report contemplated in Section 173 of the Code. But the significant point to be noticed is, when a magistrate orders investigation under Chapter XII he does so before he takes cognizance of the offence. But a magistrate need not order any such investigation if he proposes to take cognizance of the offence. Once he@@ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ takes cognizance of the offence he has to follow the procedure envisaged in Chapter XV of the Code. A reading of Section 202(1) of the Code would convince that the investigation referred to therein is of a limited nature. The magistrate can direct such an investigation to be made either by a police officer or by any other person. Such investigati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed by the complaint because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter. Though the learned Single Judge of the Punjab and Haryana High Court in Suresh Kumar vs. State of Haryana (supra) made reference to two decisions rendered by this Court [Gopal Das Sindhi and ors. vs. State of Assam and anr. (AIR 1961 SC 986) and Tula Ram and ors. vs. Kishore Singh (AIR 1977 SC 2401)] learned Single Judge fell into error in formulating a legal position which is quite contrary to the dictum laid down by this Court in the afore-cited decisions. In Gopal Das Sindhi vs. State of Assam (supra) a three Judge Bench of this Court considered the validity of the course adopted by a judicial magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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