Steno Jharkhand & Patna Civil Court Dictation No. 975

Recently, the Supreme Court reiterated that a Judicial Magistrate cannot be said to have taken cogniznance of an offence by directing an investigation by the police under Section 156 (3) of the Code of Criminal Procedure. Reversing the findings of the High Court, the bench comprising Justices Bela M Trivedi and Pankaj Mithal while referring to the case stated that when the Magistrate in exercise of his judicial discretion directs investigation under Section 156(3) of Cr. P.C., he cannot be said to have taken cognizance of any offence. It is only when the Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to Sections 200, he can be said to have taken cognizance of the offence.