TULA RAM & ORS. versus KISHORE SINGH

TULA RAM & ORS. versus KISHORE SINGH

A Magistrate who has not taken cognizance may order investigation under section 156(3) CrPC; after receiving the police report, he may then take cognizance and proceed with the complaint if unsatisfied by the report. Sections 190, 200, 202, and 204 CrPC allow the Magistrate to act on the complaint post-cognizance, including issuing process after recording evidence. The present case is thus valid under law.

Parties
Appellant: Tula Ram & Ors.; Respondent: Kishore Singh
Jurisdiction
India
Judgment Date
05 October 1977
Procedural Posture
Criminal Appeal / Appeal by Certificate Under Article 134(1)(c) of the Constitution From Punjab and Haryana High Court Judgment Dated 7 10 1975
Outcome
Appeal dismissed.
Legal Topics
Scope of Sections 156(3), 190, 200, 202, 204 of Cr PC, Taking Cognizance, Police Investigation on Private Complaint, Powers of Magistrate
Criminal Law Criminal Procedure Scope of Sections 156(3), 190, 200, 202, 204 of Cr PC Taking Cognizance Police Investigation on Private Complaint Powers of Magistrate

Case Brief

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Parties

Tula Ram & Ors.

Appellant

Kishore Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Certificate Under Article 134(1)(c) of the Constitution From Punjab and Haryana High Court Judgment Dated 7 10 1975

Legal Issues

  1. 1 Whether a Magistrate, after ordering investigation under section 156(3) CrPC and receiving a final report from police, can proceed to take cognizance of the complaint and issue process under section 204 of CrPC
  2. 2 Interpretation of 'taking cognizance' as used in CrPC sections 190, 200, 202

Ratio Decidendi

A Magistrate who has not taken cognizance may order investigation under section 156(3) CrPC; after receiving the police report, he may then take cognizance and proceed with the complaint if unsatisfied by the report. Sections 190, 200, 202, and 204 CrPC allow the Magistrate to act on the complaint post-cognizance, including issuing process after recording evidence. The present case is thus valid under law.

Court Disposition

Appeal dismissed.

Orders

  • No error by the Magistrate; action fully supported by law.
  • Appeal by certificate dismissed.