Composite complaint with cognizable and complaint-only offences can still be investigated by police under the Code.

A complaint combining allegations under Section 498A IPC and Section 494 IPC was held capable of police investigation because Section 498A is cognizable and separately permits cognizance on a police report, while Section 198 CrPC restricts Section 494 cognizance to a complaint by the aggrieved person. Reading Sections 190, 198 and 198A together, the presence of the Section 494 allegation did not bar investigation of the composite complaint or prevent cognizance on the police report for the matters lawfully investigated. The impugned order deleting Section 494 and restraining investigation was set aside, and the complaint was directed to be investigated according to law.

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Issues: Whether a complaint alleging offences under Section 498A and Section 494 of the Indian Penal Code could be investigated by the police and whether cognizance of the Section 494 offence could be taken on the basis of a police report when the complaint also contained allegations under Section 498A.

Analysis: Section 190 of the Code of Criminal Procedure, 1973 enables cognizance on a complaint, a police report, or other permitted sources of information. Section 198 of the Code restricts cognizance of offences falling in Chapter XX of the Indian Penal Code, including Section 494, to a complaint by the person aggrieved, while Section 198(1)(c) extends that concept in limited situations. Section 198A of the Code separately permits cognizance of an offence under Section 498A on a police report. A police report after investigation of a non-cognizable offence is treated as a complaint under Section 2(d) of the Code. On a conjoint reading of these provisions, the presence of allegations under Section 498A in the same complaint removes any bar on police investigation, and the mere inclusion of Section 494 does not prevent the police from investigating the matter or the court from taking cognizance on the police report so far as the composite complaint is concerned.

Conclusion: The police could investigate the complaint, and the High Court was not right in deleting Section 494 from the complaint or in restraining investigation.

Final Conclusion: The appeal succeeded, the impugned order was set aside, and the complaint was directed to be investigated in accordance with law.

Ratio Decidendi: Where a complaint alleges both an offence requiring cognizance on complaint by an aggrieved person and a separate cognizable offence permitting police investigation, the police are not barred from investigating the complaint and cognizance may follow on the police report in accordance with the Code.

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