Pre-cognizance police investigation under Section 156(3) remains available for cognizable offences, but cannot be used after cognizance is taken.

Before taking cognizance under Section 190 CrPC, a Magistrate may direct police investigation under Section 156(3) if the complaint discloses a cognizable offence and investigation would aid justice, and need not examine the complainant on oath at that stage. Once cognizance is taken and Chapter XV procedure begins, the Magistrate cannot revert to the pre-cognizance power under Section 156(3). The permissible post-cognizance options are to issue process after Section 200, postpone process and inquire, or direct investigation where authorised. On the stated facts, the investigation order was within jurisdiction and interference under Section 482 was not warranted.

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Issues: Whether a Magistrate is justified in directing investigation by police under Section 156(3) of the Code of Criminal Procedure, 1973 before taking cognizance, and whether refusal to quash such proceedings under Section 482 of the Code of Criminal Procedure, 1973 was proper.

Analysis: A Magistrate may, before taking cognizance under Section 190 of the Code of Criminal Procedure, 1973, order investigation under Section 156(3) of the Code if the complaint discloses a cognizable offence and such course would aid justice. At that stage, the Magistrate is not required to examine the complainant on oath. Once cognizance is taken and the procedure under Chapter XV is embarked upon, the Magistrate cannot revert to the pre-cognizance stage and invoke Section 156(3). The permissible courses include issuing process after following Section 200, postponing process and holding an inquiry, or directing police investigation. On the facts, the Magistrate acted within jurisdiction in directing investigation, and the High Court was right in declining interference under Section 482.

Conclusion: The order directing investigation under Section 156(3) was valid, and the refusal to quash the proceedings was upheld.

Ratio Decidendi: A Magistrate may, before taking cognizance, direct police investigation under Section 156(3) where the complaint discloses a cognizable offence, but after taking cognizance the Magistrate cannot revert to that pre-cognizance power.

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