Cognizance before process: Magistrate's application of mind and examination of the complaint validate later issuance of summons.

Cognizance is taken when a Magistrate applies judicial mind to a complaint to see whether it discloses an offence and then moves the matter forward; it is distinct from issuance of process. Where the complaint was examined, the complainant was heard, and the Magistrate's later conduct showed consideration of the material before summons were issued, cognizance could be inferred even if not recorded in a particular form. On that basis, the High Court's view that cognizance had not been taken was incorrect, and the complaint could not be treated as having proceeded without valid cognizance.

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Issues: Whether the Magistrate had taken cognizance of the offence before issuing process, and whether the High Court was right in quashing the complaint and remitting the matter to the Magistrate on the ground that cognizance had not been taken.

Analysis: Cognizance is taken when the Magistrate applies his mind to the complaint to ascertain whether it discloses an offence and then proceeds further in the matter. It is distinct from issuance of process. Where the record shows that the complaint was perused, cognizance was recorded or can be inferred from the Magistrate's subsequent course of action, and the complainant was examined before process was issued, the proceeding cannot be treated as one commenced without cognizance. The Magistrate's act of proceeding beyond the initial scrutiny and later issuing summons after considering the material before him showed application of mind and proper assumption of cognizance. The High Court therefore erred in holding that cognizance had not been taken.

Conclusion: The Magistrate had validly taken cognizance before issuing process, and the High Court's order quashing the proceedings on the contrary view was unsustainable.

Ratio Decidendi: Cognizance is taken when the Magistrate applies his mind to the complaint and proceeds to examine the complainant or otherwise move the matter forward; it need not be recorded in any particular form, and issuance of process after such scrutiny is valid.

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