TULA RAM & ORS. versus KISHORE SINGH

Citation: [1978] 1 S.C.R. 615 · Decided: 05-10-1977 · Supreme Court of India · Bench: S. MURTAZA FAZAL ALI · Disposal: Dismissed

Cited by 4 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

• 
• 
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TULA RAM & ORS. 
v . 
KISHORE SINGH 
October 5, 1977 
[S. MURTAZA FAZAL ALI AND P. S. KAILASAM, JJ.J 
615 
Criminal Procedure Code (Act fl ·of 1974), 1973, sections 156(3), 190, 200, 
202 and 204, scope and ambit of. 
Words and phrases-"Taking cognizance", meaning of. 
A 
B 
A criminal case registered by the police officer, Police Station Guru Har 
Sahai, on the basis of F.l.R. filed by Avinash Chandra against Mohd. Sadiq and 
others for having caused the murder of one Balbir Singh was committed to the 
Court of Sessions. A cross objection was filed before in the court of Judicial 
C 
Magistrate First Class, Ferozepore on 30th December 1974 by the respondent 
Kisbore Singh, the brother of the deceased Balbir Singh containing a 
counter 
version of the occurrence meiltioned in the case registered by the police. On 
receipt of the complaint, the Magistrate ordered the police to investigate the case 
u /s. 156 ( 3) of the Criminal Procedure Code by his order dated 1-1-197 5. The 
police submitted a finai report on 8-3·1975 indicating that no case was made 
out against the accused. 
The court, after considering the report on 2nd April 
1975, ordered that notice may be issued to the complainant to appear before 
him. The statement of the complalnant and his witnesses were 
recorded on 
D 
22nd May 1975. 
On 23rd May 1975. the Magistrate issued process against the 
accused and summoned them u/ss. 304/149 and 148 of the Indian Penal Ccxlc. 
The aCcused-appellants moved the High Court for quashing the order of the 
f\.1agistratc on the ground that the Magistrate having once ordered investigation 
u/s. 156(3) of the Code \Vas not competent to revive the complaint and 
issue 
process against the accused. 
The High Court held that no case for quashinJ.! 
the order of the Magistrate was made out inasmuch as the Magistrate had issued 
process against the accused after taking due cognizance of the case and applying 
E 
hi~ mind and recording the statement of the complainant. 
Dismissing the appeal by certificate, the Court, 
1-IBLD : ( 1) The action tak-en by the Magistrate was fully supported in law 
and be did not commit any error in recording the statement of the complainant 
and the witnesses and thereafter issuing process against the appel1ants. [623-D] 
(2) The following legal propositions emerge on a careful consideration of 
F 
the facts and circumstances of the case : 
(i) That a Magistrate can order investigation u/s. 156(3) only at 
the pre-cognizance stage, that is ·to say, before taking cognizance 
u/s. 190, 200 and 204 and when a Magistrate decides to take 
cognizance under the provisions of Chapter 14, he is not entitled 
in law to order any investigation u/s. 156(3) though in cases 
not falling within the proviso to s. 204, he can order investiga-
tion by the police which would be in the nature of any inquiry 
as contemplated by s. 202 of the Code. 
(ii) Where a Magistrate ·chooses to take cognizance, he can adopt 
any -of the following alternatives : 
(a) 
(b) 
He can peruse the complaint and if satisfied that there are 
sufficient grounds for proceeding he can straighta\V3.y issue 
process to the accused but before be does so, 
he 
must 
comply wUh the requirements of s. 200 and 
record 
the 
evidence of the complainant or his witnesses; 
The Magistrate can postpone the issue of process and direct 
an inquiry by himself; 
G 
H 
616 
SUPREME COURT REPORTS 
[1978) l S.C.R. 
A 
( c) The Magistrate can postpone the issue of process and direct 
an _inquiry by any other person or an investigation by the 
pobce. 
(iii) In case the Magistrate after considering the statement of the 
complainant and the witnesses as a result of investigation and 
the inquiry ordered is not satisfied that there 
are sufficient 
grounds for proceeding, he can dismiss the complaint. 
B 
(iv) Where a Magistrate orders investigation by the police 
before 
taking cognizance u/s. 156(3) of the Code and 
receives the 
report thereupon, he can act on the report and discharge the 
accused or straightway issue process 
against 
the 
accrued 
or apply bis mind to the complaint filed before him and 
take 
action u/s. 190. 
c 
D 
E 
F 
G 
H 
The present case is clearly covered by 
proposition 
No. (iv). [62.3E-H, 
624A-C] 
(3) There is no special charm or any magical formula in the expression 
"taking cognizance" which merely means judicial application Of the mind of 
the Magistrate to the facts mentioned in the complaint with a view to taking 

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