Cognizance before sworn statements under complaint procedure is mandatory; process order was quashed for procedural illegality.

In a complaint case, cognizance under Section 190 CrPC must be taken before the Magistrate examines the complainant and witnesses on oath under Section 200. Where the record shows that sworn statements were recorded first and cognizance was taken only later, the statutory sequence is violated and the subsequent issue of process is vitiated. On the facts, the order sheet did not show prior cognizance, so the process order was invalid and was quashed. The matter was remitted to the Magistrate for fresh consideration after cognizance is properly taken in accordance with law.

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Issues: Whether the Magistrate was required to take cognizance of the complaint before recording the sworn statements under Section 200 of the Code of Criminal Procedure, 1973, and whether the issue of process was invalid when cognizance was taken only after such examination.

Analysis: Section 200 of the Code of Criminal Procedure, 1973, applies only after a Magistrate takes cognizance of an offence on a complaint. Cognizance must precede the examination of the complainant and witnesses on oath. If the Magistrate records sworn statements without first applying mind to the complaint and taking cognizance, the subsequent steps, including issue of process, are vitiated. On the facts, the order sheet did not show prior cognizance; rather, it indicated that cognizance was taken after the sworn statements were recorded. The matter was therefore contrary to the statutory sequence prescribed by Sections 190 and 200 of the Code.

Conclusion: The order issuing process was invalid and was quashed; the matter was remitted to the Magistrate for fresh consideration in accordance with law.

Final Conclusion: The revision succeeded on a procedural illegality in the commencement of complaint proceedings, and the case was sent back for fresh disposal after proper cognizance is first taken.

Ratio Decidendi: In a complaint case, cognizance under Section 190 of the Code of Criminal Procedure, 1973 must be taken before the Magistrate examines the complainant and witnesses under Section 200, and failure to follow that sequence vitiates the proceedings and the resultant process order.

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