SURESH CHAND JAIN versus STATE OF MADHYA PRADESH AND ANR.

Citation: [2001] 1 S.C.R. 257 · Decided: 10-01-2001 · Supreme Court of India · Bench: K.T. THOMAS · Disposal: Dismissed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

SURE~H CHAND JAIN 
,. 
STATE OF MADHYA PRADESH AND ANR. 
JANUARY 10, 2001 
[K.T. THOMAS AND R.P. SETHI, JJ.] 
Criminal Law: 
Criminal l'rucedure Code, 1973-Chapters XII and XV-Sections 156 
and 202-l'oll'er of Judicial Magistrate tu direct investigation hy Police on 
receiving complaim-Examinalion of Complainant on oath-Held, order of 
inl'estigatiun under Chapter XII is before taking cognizance of offence and 
therefore examination on oath is not required; investigation under Chapter 
XV is after taking cogni::ance of offence. 
A 
B 
c 
D 
Respondent filed a complaint against appellant and his wife before Chief 
Judicial Magistrate for initiating action under section 3 of Prizes Chits and 
Money Circulation Scheme (Prohibition) Act and under Section 420 IPC. The 
Magistrate ordered investigation by Police under Section 156(3) of the 
Criminal Procedure Code, 1973 (Code) and directed to register an FIR. The 
appellant challenged the order by an application for revision before the Sessions E 
Court which was dismissed. The appellant moved High Court under Section 
482 of the Code which was also dismissed. Hence the appeal. 
The appellant contended that Magistrate on receipt of a complaint should 
have examined the complaint on oath before proceeding further; and that the F 
Magistrate has no power fo direct the police to register an FIR. 
Dismissing the appeal, the Court 
HELD: 1.1. An investigation would start with making an entry in a 
book to be kept by the officer-in-charge of a Police station of the substance G 
of the information relating to the commission of a cognizance offence. The 
investigation started thereafter can end only with the Report filed by the Police 
under Section 173 of the Code. The investigation contemplated in Chapter XII 
can be commenced by the Police even without the order of a Magistrate. But 
that docs not mean that when a Magistrate orders an investigation under 
257 
If 
258 
SUPREME COURT REPORTS 
(2001] I S.C.R. 
A Section 156(3), it would be a different kind of investigation. Such an· 
investigation must also end up only with the Report contemplated in Section 
173 of the Code. When a Magistrate orders investigation under Chapter XII, 
he does so before he takes cognizance of the offence. (261-G-H; 262-A-BI 
1.2. A Magistrate need not order an investigation if he proposes to take 
B cognizance of the offence. Once he takes cognizance of the offence he has 
to follow the procedure envisaged in Chapter XV of the Code. A reading of 
Section 202(1) of the Code would convince that the investigation referred to 
therein is of a limited nature. The Magistrate can direct such an investigation 
to be made either by a police officer or by any other person. Such investigation 
C is only for helping the Magistrate to decide whether or not there is sufficient 
ground for him to proceed further. This can be discerned from the culminating 
words in Section 202(1) of the Code. This is because he has already taken 
cognizance of the offence disclosed in the complaint and the domain of the 
case would thereafter vest with him. (262-B-C-D( 
D 
1.3. Any Judicial Magistrate, before taking cognizance of an offence, 
can order investigation under Section 156(3) of the Code. If he does so, he 
is not to e'!amine the complainant on oath because he is not taking cognizance 
of any offence. For the purpose of enabling the police to start investigation, 
it is open to the Magistrate to direct the Police to register an FIR. There is 
E nothing illegal in doing so. Registration of an FIR involves only the process 
of entering the substance of the information relating to the commission of the 
cognizable offence in a book kept by the officer-in-charge of the police station 
as indicated in Section 154 of the Code. Even ifa Magistrate does not say in 
so many words while directing investigation under Section 156(3) of the Code 
that an FIR should be registered, it is the duty of the officer-in-charge of the 
F Police station to register an FIR regarding the cognizable offence disclosed 
by the complaint because that Police officer could take further steps 
contemplated in Chapter XII of the Code only thereafter. (262-E-F-G I 
Suresh Kumar v. State of Haryana, (1996) 3 Recent Criminal Reports 
G 137, overruled. 
Ram Narain v. lokuram, (1986) 37 Rajashtan Law Weekly 143, 
distinguished. 
Gopal Das Sindhi & Ors. v. State of Assam & Anr., AIR (1961ISC986 
H and Tula Ram & Ors. v. Kishore Singh, AIR (1977) SC 2401, re

Excerpt shown. Read the full judgment & AI analysis in Lexace.