GURURAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE short question involved in this particular case is that

(2.) THE brief factual aspects that emanate from the records are that a person by name Kiran S/o. Tarachand Jain filed a complaint on 14.02.2013 before Police Inspector, Vidyanagar, alleging the abusive words used and life threat given by petitioners and also about robbery of some gold ornaments. On these allegations, police have registered a case in Crime No.28/2013 for the offences punishable under Sections 504, 506 and 392 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity) and investigated the matter. After thorough investigation police found that offences punishable under Sections 504 and 506 of I.P.C. are made out. Accordingly, they have submitted a chargesheet for the above said offences before J.M.F.C. II, Hubli. The Magistrate has passed the following order dated 05.10.2013

(3.) SRI F.V. Patil, learned counsel for the petitioners strenuously contends before this Court that the police are empowered to investigate the matter involving cognizable offences, but if the police comes to the conclusion that only non -cognizable offences are made out then they can file a report to Magistrate. The Magistrate has to look into the matter and find out whether cognizance can be taken for the non -cognizable offences or whether it requires any further investigation by referring the matter to police to reinvestigate under Section 202 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for brevity).