TULA RAM Vs. KISHORE SINGH

JUDGEMENT

(1.) Whether or not a Magistrate after receiving a complaint and after directing investigation under Sec. 156 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) and on receipt of the final report from the police can issue notice to the complainant, record his statement and the statements of other witnesses and then issue processes under S. 204 of the Code is the question of law that falls for consideration in this appeal.

(2.) This is an appeal by certificate granted by the High Court under Art. 134 (1) (c) of the Constitution. The answer to the proposition mentioned above would naturally depend on the true and proper interpretation of the scope and ambit of Sections 156 (3), 190, 200, 202 and 204 of the Code.

(3.) Before embarking on this enquiry it may also be necessary to consider the legal import and significance of the term "taking cognizance" as used in Sections 190, 200 and 202 of the Code. Before however considering the various aspects of the matter it may be necessary to summarise the facts which have led to the enquiry in the appeal before us.