Cognizance on police report extends to the offence itself, allowing a Magistrate to summon additional accused on available material.

On cognizance of an offence taken on a police report, the Magistrate takes cognizance of the offence itself, not merely of the persons named in the charge-sheet. The proceeding remains one instituted on the police report within Section 207A, and the Magistrate may, on the materials before him, summon other persons as additional accused if sufficient involvement appears. A person not sent up by the police is not finally discharged for that reason alone. The Magistrate therefore had jurisdiction to summon the additional accused, and the alternative procedure under Section 207(b) did not apply.

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Issues: Whether, after cognizance of an offence has been taken on a police report, the Magistrate can summon a person not sent up by the police as an additional accused and proceed under Section 207A of the Code of Criminal Procedure.

Analysis: Cognizance under Section 190(1)(b) is taken of the offence and not merely of the persons named in the police charge-sheet. Once cognizance of the offence is taken on a police report, the proceeding is one instituted on that police report within Section 207A. The Magistrate is therefore entitled to determine, on the materials before him, whether other persons besides those sent up by the police appear to be involved and may summon such persons as additional accused. The circumstance that a person was not sent up by the police does not create a final discharge preventing the Magistrate from proceeding against him when sufficient material emerges in the inquiry.

Conclusion: The Magistrate had jurisdiction to summon the appellant as an additional accused and the procedure under Section 207A was applicable. The contention that the matter had to proceed under Section 207(b) failed.

Ratio Decidendi: On cognizance of an offence taken on a police report, the Magistrate takes cognizance of the offence itself, not of the named offenders alone, and may summon additional accused on the materials before him; such a proceeding remains one instituted on a police report.

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