Law: Criminal Procedure Code (V of 1898)

Section: 156(3),190(a),200,202,435,439

(a) Criminal Procedure Code (V of 1898), Ss. 190 (a), 156 (3), 200 & 202 Magistrate receiving complaint can proceed either under S. 156 (3) or S. 202 Complaint not to be referred to police for investigation under S. 156 (3) after having taken cognizance under S. 200 Examination of complainant under S.200 can only follow and not precede taking of cognizance. Section 200 of the Criminal Procedure Code, 1898, makes it clear that the examination of the complainant can only succeed and not precede the taking of cognizance, for, it is an act to be done after .the taking of cognizance or whatever might be the meaning of the word cognizance or whatever might amount to taking cognizance. When, therefore, a Magistrate receives a complaint and takes cognizance thereof under section 190 (a) of the Code and then examines the complainant under section 200, then the only inquiry or investigation that he can order is one under section 202 and not under section 156 (3) of the Code. He may, if he wishes to direct the investigation under section 156 (3) of the Code, not take cognizance but send the complaint direct to the police for investigation ; but where he has examined the com¬plainant and taken cognizance, the investigation can only be under section 202 and in those circumstances the submission of a charge¬sheet is without jurisdiction, for, there must then be a report to that Magistrate who must himself dispose of the complaint either under section 203 or 204 of the Code. On a complaint being filed, the Magistrate forthwith examin¬ed the complainant on solemn affirmation but postponed the issue of process and made the following order: "Examined the complainant on solemn affirmation. S. P. Chittagong, will please hold the investigation or get the case investigated by any responsible officer and take necessary action after registering a case." Held, that the Magistrate's order, ordering an investigation, presumably under section 202, and directing the Superintendent of Police to investigate after registering a case was an order which could not be supported by any provision of the Criminal Procedure Code, 1898. The said order of the Magistrate rendered whole proceeding…

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