https://www.taxtmi.com/caselaws?id=197929 A Magistrate does not take cognizance of an offence merely by directing police investigation under Section 156(3) CrPC; cognizance arises when the Magistrate applies mind to the allegations for proceeding under the complaint procedure. In exercising inherent powers under Section 482 CrPC, the High Court must examine the material placed before the Magistrate and determine whether the uncontroverted allegations disclose a prima facie offence; it cannot refuse quashing by declining to consider that material or by postponing scrutiny to trial. The impugned order was set aside and the matter remitted for fresh consideration on the proper material. en-us Fri, 05 Sep 2008 00:00:00 +0530 Thu, 23 Nov 2023 14:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197929 A Magistrate does not take cognizance of an offence merely by directing police investigation under Section 156(3) CrPC; cognizance arises when the Magistrate applies mind to the allegations for proceeding under the complaint procedure. In exercising inherent powers under Section 482 CrPC, the High Court must examine the material placed before the Magistrate and determine whether the uncontroverted allegations disclose a prima facie offence; it cannot refuse quashing by declining to consider that material or by postponing scrutiny to trial. The impugned order was set aside and the matter remitted for fresh consideration on the proper material. Case-Laws Indian Laws Fri, 05 Sep 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197929