Section 156(3) investigation and cognizance issue tagged with larger Bench proceedings, without fresh determination

Directing an investigation under Section 156(3) of the Code of Criminal Procedure does not, on a prima facie reading of Sections 156(3), 173(2), 190, 200, 202, 203 and 204, amount to the Magistrate taking cognizance, but the Court declined to decide the point in the present matter because the same question had already been referred to a larger Bench. Judicial discipline and propriety therefore required the matter to be tagged with the pending referred cases, with the Registry directed to place it before the Chief Justice of India for appropriate orders.

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Issues: Whether, while directing an investigation under Section 156(3) of the Code of Criminal Procedure, 1973, the Magistrate applies his mind and takes cognizance at that stage; whether, in view of the earlier reference on the same question, the present matters should be tagged with the pending larger Bench proceedings.

Analysis: The order records that the same question had already been referred to a larger Bench. It notes, prima facie, that a combined reading of Sections 156(3), 173(2), 190, 200, 202, 203 and 204 of the Code of Criminal Procedure, 1973 indicates that directing investigation and forwarding the complaint does not amount to taking cognizance. However, as the issue was already referred, judicial discipline and propriety led the Court to refrain from deciding the question in the present matter and to direct that the case be placed with the already referred matters.

Outcome: The matter was directed to be tagged with the cases already referred to the larger Bench, and the Registry was directed to place it before the Chief Justice of India for appropriate orders.

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