HIRJI T SANGHAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this application the challenge is to a very peculiar practice adopted by the Courts of Magistrate when the Magistrate do not take cognizance of the matter but send it to the police for investigation under sec. 156(3) of the Code of Criminal Procedure (Hereinafter referred to as `the Code)

(2.) Sec. 156 of the Code confers upon the Police Officer power to investigate cognizable case. It reads:

(3.) In R. R. Chari v. State of Uttar Pradesh AIR 1951 Supreme Court 207 it has been observed. "Taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate as such applies his mind to the suspected commission of an offence". But further the Supreme Court endorsed some observations of Justice Das Gupta in Superintendent & Remembrancer of Legal Affairs v. Abani Kumar Benerjee AIR 1950 Calcutta 437 wherein it has been specifically observed: