AIR 1977 SUPREME COURT 2401 ::1978 MadLW (Cri) 27 ::1977 Cri App R (SC) 371 ::1977 AllCriC 364 ::1977 SCC(Cri) 621 ::(1977) 4 SCC 459 ::1977 BBCJ 258 ::(1978) 1 AndhLT 95 ::(1978) 1 SCR 615 ::(1978) 1 SC WR 106 ::1977 SC Cri R 442 ::ILR (1977) 2 Kant 1472

Supreme Court Of India

(From: (1976) 3 Cri LT 327 (Punj))

Hon'ble Judge(s): S. Murtaza Fazal Ali, P. S. Kailasam , JJ

Criminal P.C. (2 of 1974) , S.156(3), S.190(1)(a), S.200, S.202, S.204— Order for investigation under S. 156 (3) on complaint - Final report submitted by police - Magistrate can issue process under S. 204 after recording statement of complainant and his witnesses. Where a Magistrate orders investigation by the police before taking cognizance under S. 156 (3) of the Code and receives the final report from the police he has power to issue notice to the complainant, record his statement and the statements of other witnesses and issue process under S. 204 of the Code. The legal propositions that emerge in this regard are: 1. A Magistrate can order investigation under S. 156 (3) only at the pre-cognizance stage, that is to say, before taking cogniSance under Sections 190, 200 and 204 and where a Magistrate decides to take cognizance under the provisions of Chapter 14 he is not entitled in law to order any investigation under Sec. 156 (3) though in cases not falling within the proviso to Sec. 202 he can order an investigation by the police which would be in the nature of an enquiry as contemplated by S. 202 of the Code. 2. Where a Magistrate chooses to take cognizance he can adopt any of the following alternatives: (a) He can peruse the complaint and if satisfied that there are sufficient grounds for proc....