Pre-cognizance investigation does not extinguish a complaint; Magistrate may later take cognizance, record evidence, and issue process.

Section 156(3) of the Code of Criminal Procedure operates at the pre-cognizance stage, while sections 190, 200, 202 and 204 govern the post-cognizance stage, and the two sets of powers are mutually exclusive once cognizance is taken. Where a Magistrate has only ordered investigation under section 156(3) and has not yet applied judicial mind to proceed under Chapter XV, the complaint remains alive after the police final report. In that situation, the Magistrate may still take cognizance on the complaint, record the complainant's evidence under section 200, and then decide whether sufficient grounds exist to issue process under section 204.

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Issues: Whether a Magistrate who has ordered investigation under section 156(3) of the Code of Criminal Procedure, 1973 before taking cognizance can, after receiving the police final report, take cognizance of the complaint, record the complainant's evidence, and issue process under section 204 of the Code.

Analysis: Section 156(3) operates at the pre-cognizance stage, while sections 190, 200, 202 and 204 govern the post-cognizance stage. The two sets of provisions operate in distinct spheres and are mutually exclusive in the sense that once cognizance is taken, the Magistrate cannot revert to the pre-cognizance power under section 156(3). However, where the Magistrate has only ordered investigation before taking cognizance and has not yet applied his judicial mind to proceed under Chapter XV, the complaint does not disappear. After receiving the police report, the Magistrate remains competent to take cognizance on the complaint, comply with section 200 by recording the complainant and witnesses, and then decide whether sufficient grounds exist to issue process under section 204.

Conclusion: A Magistrate who had not yet taken cognizance when he ordered investigation under section 156(3) could validly take cognizance after the police report, record evidence under section 200, and issue process under section 204; the challenge to that course failed.

Ratio Decidendi: Ordering investigation under section 156(3) before cognizance does not extinguish the complaint or prevent the Magistrate from later taking cognizance and proceeding under sections 190, 200 and 204 on the same complaint.

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