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TMI Blog2022 (8) TMI 341X X X X Extracts X X X X X X X X Extracts X X X X ..... ntitled, either to straight away issue process or conduct an enquiry by postponing the issue of process under Section 202 of Cr.P.C. Therefore, either he can issue process or dismiss the complaint under Section 203 of Cr.P.C. Depending on the circumstances of the case, it can be held that even before the issue of process or examining the sworn statement of the complainant, there could be cognizance in a particular case. The only requirement is that the learned Magistrate should have taken authoritative notice of the allegations made in the complaint. In the case on hand, upon presentation of the complaint, with out examining witnesses the learned Magistrate had taken cognizance and straight away issued summons to the petitioners. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t filed complaint and the same has been taken cognizance in C.C.No.73 of 2017 as against the petitioners. 3. The learned counsel appearing for the petitioners submitted that without examining any of the witnesses, the learned Magistrate without following the mandatory provisions under the Cr.P.C., straight away issued summons to the petitioners. In respect of framing charges and questioning of the accused, the same shall only be after the examination of the witness. Through the respondent failed to produce any sufficient materials for proceeding against the petitioners, the learned Magistrate without even verifying the materials produced by the respondent, straight away issued summons and framed charges. 4. It is seen that the offence und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plainant or such other witnesses, who are present. Such examination of the complainant and his witnesses is not necessary, where the complaint has been made by a public servant in discharge of his official duties or where a Court has made the complaint or further, if the Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192 Cr.P.C. Under Section 201 Cr.P.C., if the Magistrate is not competent to take the cognizance of the case, he would return the complaint for presentation to the proper Court or direct the complainant to a proper Court. 27. Section 202 Cr.P.C. deals with the postponement of issue of process. Under sub-Section (1), he may direct the investigation to be made by the Police officer or by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d take all such evidence, as may be produced in support of the prosecution. He may, at that stage, even issue summons to any of the witnesses on the application made by the prosecution. Thereafter comes the stage of Section 245(1) Cr.P.C., where the Magistrate takes up the task of considering on all the evidence taken under Section 244(1) Cr.P.C., and if he comes to the conclusion that no case against the accused has been made out, which, if unrebutted, would warrant the conviction of the accused, the Magistrate proceeds to discharge him. 31. The situation under Section 245(2) Cr.P.C., however, is different, as has already been pointed out earlier. The Magistrate thereunder, has the power to discharge the accused at any previous stage of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first information report or the information that offence has been committed on application of judicial mind. It does not necessarily mean issuance of process." 7. Therefore, depending on the circumstances of the case, it can be held that even before the issue of process or examining the sworn statement of the complainant, there could be cognizance in a particular case. The only requirement is that the learned Magistrate should have taken authoritative notice of the allegations made in the complaint. In the case on hand, upon presentation of the complaint, with out examining witnesses the learned Magistrate had taken cognizance and straight away issued summons to the petitioners. Therefore, even though the words "at any previous stage of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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