HARERAM SATPATHY versus TIKARAM AGARWALA AND 3 OTHERS

Citation: [1979] 1 S.C.R. 349 · Decided: 24-08-1978 · Supreme Court of India · Bench: JASWANT SINGH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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HARERAM SATPATHY 
v. 
TIKARAM AGARWALA AND 3 OTHERS 
August 24, 1978 
[JASWANT SINGH AND P. S. KAILASAM, JJ.] 
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349 
(7og11iza11ce of offences by Magistrate under section 190 of the Criminal 
Procl'dure Code. 1913--0nce cognizance has bee11 take1t by the Magistrate, he 
take.\· CO[!f1izance of an offence and not offenders. 
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Re1·isionaf JurL~diction of the lliglt Court-High Court's power of revision 
under Section 401 of tlze Criminal Procedure Code, 1973 is very limited in go-
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ing into the matter wl1ere the Magistrate, has, aflfi' ~atisfyi11g hilnself prima 
facie existence of sufficient n1aterial for proceeding against an accused, issued 
process . 
One Parsuram Satpathy, brother of the nppellant sought the heJp and protec-
tion of the officer-in-charge of the Balangir polke station, on 27-11-1974, alle&" 
ing a conspiracy to mu.rder him. 
On 29-11-1974 the appellant lodged a First 
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Information Report in the same police station, that the named person! and some 
others coming in a jeep kiUed his brother Pa.rsuram by dashing the jeep against 
the cycle on which. he \Vas going, The Police took up investigation of the case, 
submitted charge sheets against six persons, only for the offence of intentionally 
causing the death of Parsuram on 29-11-1974, and gave a final report saying 
that from the investigation ca.rried oo by it no offence appeared to have been 
made out against the respondents. The Sub-Divisional ~Iagistrate Balangir, on 
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a further complaint by the appellaint, finding a prima facie case under Section 
302 I.P.C. against the present respondents directed issue of non-bailable warrants 
against them. 
In revision, the High Court, set aside the orders of the J\fagis-
trate. 
Allowing the appeal by special leave the Court 
liELD : 1. Under Section 190 of the Criminal Procedure Code, the 
~f<1.gis
trate takes cognizance of an offence made out in the Police report or in the 
complaint and there is nothing like taking cognizance of the offenders at that 
stage. 
As to who actually, the offenders involved in the case might have been 
has to be decided by the ~fagistra.te, after taking cognizance of the 0ffence. 
[353 A-BJ 
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R.agliuhan:-. Dubey v. State of Bihar, [1967] 2 SCR 423 Smt. Nagawwa v. 
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Veeta1n111a Sliivulingappa Konjalai and Ors., [1976] Supp. 
S.C.R. 123 
and 
Chandra Deo Singh v. Prokar Chandra Bose, [1964] l SCR 639, 648 reiterated. 
2; Once the Magistrate has, after satisfying himself prima facie that there 
is sufficient material for proceeding against the accused issued process 'against 
him, the High COurt cannot go into the matter in exercise of its 
revisionat 
jurisdiction which is very limited. [353 C-D] 
Snll. Na!_!awwa v. J
7eeranna ShivaHngappa Konjalai and Ors., [19761 Supp. 
S.C.R. 123; applied 
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350 
SUPREME COURT REPORTS 
[1979] 1 <;C.R. 
Obserration : 
Under Section 227 of the Criminal Pro..:-:edure Code h is open to the Court 
of Session on committal of the case to it to discharge the accused if upon con-
sideration of the record of the case and documents subn1ittcd thercw·ith and 
after hearing the submissions of the parties, it considers that there is no sufficient 
ground for proceeding against the accused. [354 C-Dl 
Sanjay Gandhi v. Cfnion of lndia, [1978] 2 S.C.R. 861 referred to. 
CRIMINAI, APPELLATE JURISDICTION : Criminal Appeal No. 551 
of 197(1 
Appeal by Special Leave from the Judgment and Order dated 
25-8-76 of the Orissa High Court in Criminal Revision No. 344 and 
365 of 1975. 
fl. B. Dalal· and C. S. S. Rao for Appellant No. I 
V. 1',f. Tarkunde and R. K. Mehta for Appellant No. 2. 
Go,·ind Dass, Sudarsha11 Bagga and (Mrs.) S. llagga for Rc>pon-
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dents Nos . .1-3 
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The Judgme'nt of the Court was delivered by 
JASWANT SINGH, J. This uppcal by Special Leave which is c1red-
cd against the Judgment and Order dated August 25, 1976 of the High 
Court of Orissa in Criminal RevL>ions Nos. 344 and 365 of 
1975 
setting aside the order dated November 20, 1975 of the Sub-Divisional 
1VJagistrate, Halangir~ directing issue of process against respond-:nls 
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to 3. arises in the follo\ving circumstances: 
On November 27, 1974 Parsuram Satpathy. brother of Harernm 
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Salpathy, the appellant herein, who was a Journalist by profession and 
a staunch supporter of Bhartiya Lok Dal, sought the help and pro-
tection of the Officer-in-charge of the. Police Station, Balangir, on the 
ground that he had learnt
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