Pre-cognizance police investigation remains open despite session-triable offences; Section 202(1) bar applies only after cognizance.

A Magistrate may order police investigation under Section 156(3) of the Criminal Procedure Code even where the complaint alleges an offence triable exclusively by the Court of Session. The first proviso to Section 202(1) operates only after cognizance is taken under Section 190 and the Magistrate has entered Chapter XV proceedings under Sections 200 onwards. If the Magistrate directs investigation at the pre-cognizance stage, Section 202(1) does not restrict that power. The statutory bar therefore applies only to post-cognizance directions for investigation.

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Issues: Whether a Magistrate, on receiving a complaint disclosing an offence triable exclusively by the Court of Session, is barred from ordering police investigation under Section 156(3) of the Code of Criminal Procedure, 1973 by reason of the first proviso to Section 202(1) of that Code.

Analysis: The power under Section 156(3) operates at the pre-cognizance stage, while Section 202(1) applies only after the Magistrate has taken cognizance under Section 190 and entered upon the procedure under Chapter XV. A Magistrate takes cognizance when he applies his mind for proceeding under Section 200 and the succeeding provisions; if he instead orders investigation under Section 156(3), he has not yet taken cognizance. The first proviso to Section 202(1) restricts directions for investigation only at the post-cognizance stage, after the Magistrate has begun dealing with the complaint under Chapter XV.

Conclusion: The Magistrate was not barred from forwarding the complaint for police investigation under Section 156(3), because Section 202(1) had not yet become operative.

Ratio Decidendi: The first proviso to Section 202(1) does not curtail the Magistrate's pre-cognizance power under Section 156(3); the statutory bar applies only after cognizance has been taken and proceedings under Chapter XV have commenced.

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