Published on: 12 July 2023 at 14:00 IST
Court: Supreme Court
Citation: Devarapally Lakshminarayana Reddy V. Narayana Reddy (1976)
Honourable Supreme Court of India has held that Criminal Case is said to be instituted only when the Court of Magistrate takes a cognizance of the offences. It is held that the Magistrate must apply his mind for the purposes of proceeding under Section 200 of the Code of Criminal Procedure, 1973. It is held that if the Magistrate issues directions under Section 156(3) of the Code of Criminal Procedure, 1973 for police investigation then such directions cannot amount to taking Cognizance of the Complaint.
14. This raises the incidental question: What is meant by “taking cognizance of an offence” by a Magistrate within the contemplation of Section 190? This expression has not been defined in the Code. But from the scheme of the Code, the content and marginal heading of Section 190 and the caption of Chapter XIV under which Sections 190 to 199 occur, it is clear that a case can be said to be instituted in a court only when the court takes cognizance of the offence alleged therein.
The ways in which such cognizance can be taken are set out in clauses (a), (b) and (c) of Section 190(1). Whether the Magistrate has or has not taken cognizance of the offence will depend on the circumstances of the particular case including the mode in which the case is sought to be instituted, and the nature of the preliminary action, if any, taken by the Magistrate. Broadly speaking, when on receiving a complaint, the Magistrate applies his mind for the purposes of proceeding under Section 200 and the succeeding sections in Chapter XV to the Code of 1973, he is said to have taken cognizance of the offence within the meaning to Section 190(1)(a). It, instead of proceeding under Chapter XV, he has, in the judicial exercise of his discretion, taken action of some other kind, such as issuing a search warrant for the purpose of investigation, or ordering investigation by the police under Section 156(3), he cannot be said to have taken cognizance of any offence.
Drafted By Abhijit Mishra
