H. S. BAINS DIRECTOR SMALL SAVING-CUM-DEPUTY SECRETARY, FINANCE, PUNJAB, CHANDIGARH versus THE STATE (UNION TERRITORY OF CHANDIGARH)

H. S. BAINS DIRECTOR SMALL SAVING-CUM-DEPUTY SECRETARY, FINANCE, PUNJAB, CHANDIGARH versus THE STATE (UNION TERRITORY OF CHANDIGARH)

The Magistrate is competent to take cognizance under section 190(1)(b) of CrPC and issue process even if the police report under section 173 concludes no offence is made out. The Magistrate is not bound by the police's conclusion and may proceed on the facts disclosed in the police report.

Parties
Appellant: H. S. Bains; Respondent: State (Union Territory of Chandigarh)
Jurisdiction
India
Judgment Date
10 October 1980
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Punjab and Haryana High Court
Outcome
Appeal dismissed
Legal Topics
Cognizance Under Code of Criminal Procedure, Jurisdiction of Magistrate, Police Report, Investigation by Police, Issuance of Process
Criminal Law Cognizance Under Code of Criminal Procedure Jurisdiction of Magistrate Police Report Investigation by Police Issuance of Process

Case Brief

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Parties

H. S. Bains

Appellant

State (Union Territory of Chandigarh)

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Punjab and Haryana High Court

Legal Issues

  1. 1 Whether Magistrate is competent to take cognizance under section 190(1)(b) of CrPC when the police report under section 173 concludes no offence has been committed.
  2. 2 Whether the Magistrate's process issuance without recording statements under section 200 CrPC is valid.

Ratio Decidendi

The Magistrate is competent to take cognizance under section 190(1)(b) of CrPC and issue process even if the police report under section 173 concludes no offence is made out. The Magistrate is not bound by the police's conclusion and may proceed on the facts disclosed in the police report.

Court Disposition

Appeal dismissed

Orders

  • No interference with Magistrate's order issuing process; case already transferred to another Magistrate.