.Cognizance of offences by Magistrates-section-190 of Cr.P.C.
(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence –
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.
“Ranjit Singh (supra), the Court has taken note of another decision by the Hon’ble Supreme Court in the case of Swil Ltd. Vs. State of Delhi and another, 2001(6) SCC 670. In this case, power of the Magistrate to take cognizance of an offence under the provisions of Section 190 Cr.P.C. appears to have been recognised. It can be so noticed from the following observations of the Hon’ble Supreme Court:- “In our view, from the facts stated above, it is clear that at the stage of taking cognizance of the offence, provisions of Section 190 CrPC would be applicable. Section 190 inter alia provides that “the Magistrate may take cognizance of any offence upon a police report of such facts which constitute an offence.” As per this provision, the Magistrate takes cognizance of an offence and not the offender. After taking
cognizance of the offence, the Magistrate under Section 204 CrPC is empowered to issue process to the accused.”
See the full judgment.:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGRAH
Criminal Revision No.996 of 2006
Date of Decision: December 24, 2008
Dharam Pal & others
State of Haryana & another…….respondent.