Magistrate's role before cognizance must be respected; inherent powers cannot bypass consideration of police and further reports.

A Magistrate must first examine the police report and any further report from further investigation and apply judicial mind before cognizance is taken. Where the initial report and the further report differ, both reports and any objections must be considered together. The inherent power to prevent abuse of process cannot be used to bypass this statutory stage while the matter remains before the Magistrate. On that basis, quashing criminal proceedings at that stage was held unjustified.

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Issues: Whether the High Court could quash the criminal proceedings under its inherent jurisdiction under Section 482 before the Magistrate had applied judicial mind to the police report and the further report submitted after further investigation.

Analysis: A police report under Section 173(2) of the Code of Criminal Procedure, 1973 and a further report under Section 173(8) both have to be forwarded to the Magistrate empowered to take cognizance. It is for the Magistrate, under Section 190, to apply judicial mind to the material and decide whether cognizance should be taken. Where the initial report and the further report take different views, the Magistrate must consider both reports and any objections before forming a conclusion. The inherent power under Section 482 is intended to prevent abuse of process or secure the ends of justice, but it is not to be used to bypass the statutory role of the Magistrate when the matter is still at that stage.

Conclusion: The High Court was not justified in quashing the proceedings before the Magistrate had considered the reports and taken a decision in accordance with law.

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