AIR 1989 SUPREME COURT 885 ::1989 ALL. L. J. 352 ::1989 APLJ(Cri) 71 ::1989 CurCriJ 142 ::1991 UP CriR 208 ::1989 (2) SCC 132 ::1989 ChandLR(Civ&Cri) 601 ::(1989) AllCriC 280 ::(1989) ILR (Kant) 1486 ::(1989) AllCriR 178 ::1989 (1) RecCriR 395 ::(1989) AllCriLR 75 ::1989 All CJ 292 ::(1989) All WC 386 ::1989 (2) Crimes 483 ::1989 (1) JT 308

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): R. S. Pathak, S. Natarajan, M. N. Venkatachaliah , JJJ

Criminal P.C. (2 of 1974) , S.190(1)(b), S.173(2), S.200, S.202— Cognizance of offence - Power of Magistrate - He can take cognizance of offence even if police report is to the effect that no case was made out - Need not follow procedure laid down in Ss. 200, 202. Upon receipt of a police report under S. 173(2) a Magistrate is entitled to take cognizance of an offence under S. 190(1)(b) of the Code even if the police report is to the effect that no case is made out against the accused. The Magistrate can take into account the statements of the witnesses examined by the police during the investigation and take cognizance of the offence complained of and order the issue of process to the accused. S. 190(1)(b) does not lay down that a Magistrate can take cognizance of an offence only if the investigating officer gives an opinion that the investigation has made out a case against the accused. The Magistrate can ignore the conclusion arrived at by the investigating officer and independently apply his mind to the facts emerging from the investigation and take cognizance of the case, if he thinks fit, in exercise of his powers under S. 190(1)(b) and direct the issue of process to the accused. The Magistrate is not bound in such a situation to follow the procedure laid down in Ss. 200 and 202 of the Code for taking cognizance of a case under S. 190(1)(a) though it i....