AI Structured Summary
Not yet generated for this judgment
Judgment
Somasundaram, J.
S. 190 of the Criminal Procedure Code relates to the Magistrate taking cognisance of offences. Cognisance of any offence may be taken (a) upon receiving a complaint of facts which constitute such offence, (b) upon a Report in writing of such facts made by any police officer or (c) upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been, committed. Under a Cl.(3) of S. 156, Magistrate empowered under S. 190 may order an investigation by a police officer. The provisions of the Criminal Procedure Code do not empower the Magistrate to ask the police officer to submit a charge-sheet. If, however, the Magistrate is of opinion that the report submitted by the police requires further investigation, the Magistrate may order investigation under S. 156(3) of the Criminal Procedure Code. Directing a further investigation is entirely different from asking the police to submit a charge-sheet Vide Chatterji v. Haridar Kuar Sing 1970 L.W. (Crl.) S.C. 259. The Magistrate in this case has directed an investigation to be made by the police. He has not directed them to file a charge-sheet. On receipt of the report under S. 173(4) he may take the case on, file or dismiss it under S. 203, Crl. P.C. The Petitioner''s contention that the Magistrate has no jurisdiction to direct an investigation, is without substance. The petition falls and the same is dismissed.