KSHETRABASI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned council for the parties.

(2.) THE order dated 16.4.2008 passed by the learned S.D.J.M., Talcher in G.R. Case No. 940 if 2007 has been impugned in the this application. By the said order, the learned S.DJ.M. Talcher took cognizance of the offences under 498 A/f323/506/406/34 I.P.C. against the Petitioners.

(3.) IT appears from the impugned order that the learned S.DJ.M., Talcher has not dealt this aspect of the matter but has mechanically taken cognizance of the offences on filing of the charge sheet by the police. The Magistrate is empowered to take cognizance of the offence upon a police report under the provisions of Section 190(1)(b) Code of Criminal Procedure. Filing of the report of the police on completion of the investigation is done under Section 173 Code of Criminal Procedure Power under Section 190 Code of Criminal Procedure cannot be mechanically exercised on receiving a police report, but the Magistrate is required to apply his judicial mind to such report before taking cognizance of any offence.