Magistrate's power after adverse police report remains intact; complaint can still be taken cognizance of and process issued.

A Magistrate who orders investigation under Section 156(3) of the Code is not bound by a police report stating that no case is made out. The statutory scheme allows the Magistrate either to take cognizance on the complaint under Section 190(1)(a) and proceed under Sections 200 to 204, or to act on the police report under Section 173; the police opinion does not control the judicial function. Even after an adverse report, the Magistrate may treat the complaint as subsisting, record the complainant's statements, and decide whether process should issue. The prior direction for investigation does not bar cognizance on the original complaint.

---

---

Issues: Whether, after ordering investigation under Section 156(3) of the Code of Criminal Procedure, 1973 and receiving a police report stating that no case was made out, the Magistrate could still take cognizance on the basis of the original complaint and issue process notwithstanding the police conclusion.

Analysis: The statutory scheme under Chapter XII and Chapter XV of the Code permits a Magistrate, on receiving a complaint, either to take cognizance at once under Section 190(1)(a) and proceed under Sections 200, 202, 203 and 204, or first to order investigation under Section 156(3) and then act on the police report under Section 173. The police report is not controlling on the Magistrate, because cognizance under Section 190(1)(b) depends on the facts disclosed in the report and not on the police opinion. Even when the police recommend that no case is made out, the Magistrate may disagree, treat the complaint as still alive, and proceed under Section 190(1)(a) by recording the complainant's statements and deciding whether process should issue. The prior order for investigation does not efface the complaint or bar the Magistrate from adopting the complaint route thereafter.

Conclusion: The Magistrate had jurisdiction to take cognizance and issue process on the complaint despite the adverse police report, and the challenge to that course failed.

---