Magistrate's independent power to take cognizance on a police report despite a closure opinion and without Sections 200 and 202 procedure

On receipt of a police report under Section 173(2), a Magistrate may independently examine the facts disclosed by investigation and is not bound by the investigating officer's view that no offence is made out. If the material in the report discloses an offence, cognizance may be taken under Section 190(1)(b) and process issued on that basis. The procedure under Sections 200 and 202 is not mandatory in such a case, though the Magistrate may adopt it if appropriate. The police opinion that the dispute is civil in nature does not control the Magistrate's power to proceed when the investigation material supports cognizance.

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Issues: Whether, after a police report stating that no offence was made out, a Magistrate could nevertheless take cognizance under Section 190(1)(b) of the Code of Criminal Procedure, 1973 and issue process without first following the procedure under Sections 200 and 202 of the Code.

Analysis: The statutory scheme permits a Magistrate, on receipt of a police report under Section 173(2), to apply an independent judicial mind to the facts disclosed by the investigation. The Magistrate is not bound by the conclusion of the investigating officer that no case is made out, and may take cognizance if the facts disclosed disclose an offence. The Magistrate may also, if he so chooses, proceed under Sections 200 and 202, but that procedure is not mandatory where cognizance is taken on a police report under Section 190(1)(b). The earlier police opinion that the matter is civil in nature does not control the Magistrate's power to proceed if the material collected in investigation supports cognizance and issuance of process.

Conclusion: The Magistrate was competent to take cognizance and issue process under Section 190(1)(b), and the High Court was wrong in quashing the order.

Ratio Decidendi: On receipt of a police report under Section 173(2), a Magistrate may ignore the investigating officer's conclusion and take cognizance under Section 190(1)(b) on the basis of the facts disclosed by the investigation without being bound to follow the complaint procedure under Sections 200 and 202.

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