JAGDISH RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A complaint was filed by respondent No. 2 on the allegations that she was married on 20.7.1984 at village Khanpur, Tehsil and District Ludhiana. After mentioning other facts in detail the prayer made was that the accused be summoned under Sections 406, 498A and 506 of the Indian Penal Code and the Dowry Prohibition Act, tried and punished according to law. The trial Court passed the following order :

(2.) THIS learned counsel for the petitioners has drawn may attention to the provisions of Section 156 of the Code of Criminal Procedure which provides that any officer in charge of a Police Station may, without the order of the Magistrate investigate any cognizable case and according to sub-Section (3) of the aforesaid Section, any Magistrate empowered under Section 190 may order such an investigation, as above mentioned. The objection to the order is that the Magistrate could not direct the registration of the case and to sent a copy of the First Information Report. The order shows that a direction to the S.H.O. was given to register the complaint and sent a copy of the FIR in the said case immediately and submit a report after complete investigation within 3 months. Section 156 clearly provides that a Police Officer should investigate any cognizable case and for doing this, no direction from a Magistrate is required. Offences under Section 406 and 498A of the Indian Penal Code are cognizable and the Police Officer may directly investigate these offences. The provisions of Section 506, IPC are made cognizable by issuing notification by the State Government every year. After receiving the complaint and the order of the Magistrate, the SHO sought direction from the Deputy Superintendent of Police and after discussion at higher level the case was registered. In this view of the matter, even if direction of the Magistrate, with the order for registering a case on the complaint, is some what irregular, the registration of the FIR and the investigation following it cannot be said to be illegal, as even otherwise, the Police Officer could register a case and investigate and then submit a report under Section 173 of the Code of Criminal Procedure. I am told that after investigation, a report has already been submitted before the Magistrate and it is fixed for consideration, as to what charge is made out on the documents submitted by the Police. I, therefore, do not find any merit in this petition. The same is dismissed.