A division bench of the Apex Court held as follows,
From Paras 8-11,
8. In view of the above, it is clear that when the Magistrate in exercise of his judicial discretion directs investigation under Section 156(3) of Cr. P.C., he cannot be said to have taken cognizance of any offence. It is only when the Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to Sections 200, he can be said to have taken cognizance of the offence.
9. The learned counsel for Respondent No.2 has placed reliance of the decision of this Court in “Priyanka Srivastava And Another Versus State of Uttar Pradesh And Others” (2015) 6 SCC 287 to submit that the complaint filed by the appellant – complainant was not supported by an affidavit. In our opinion, the said observation has been made in the said case by way of abundant caution to see that frivolous complaints are avoided.
10. In the instant case, as transpiring from the order passed by the Trial Court, the said Court had perused the complaint and the documents in support thereof, and also the submissions made by the learned counsel for the appellant – complainant and after having been prima facie satisfied, it had exercised its judicial discretion directing investigation under Section 156(3) of Cr. P.C. Such order being just, legal and proper, the High Court should not have interfered with the same, more particularly while exercising limited powers under Section 482 of Cr. P.C.
11. In that view of the matter, the impugned order passed by the High Court is set aside and the order dated 30-6-2023 passed by the Trial Court is restored.
Citations:
Other Sources:
The decision of the Telangana High Court is here.
From Paras 4 and 5 [Consequences to the Lack of understanding of the procedures between Sec 156(3) CrPC and Sec 200 read with Sec 190 of CrPC)]
3. The docket order dated 30.06.2023 passed in S.R.No.3297 of 2023 by the Principal Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Medchal-Malkajgiri District, Kukatpally, reads as follows:
“Complainant called present. The learned counsel for the complainant is present. Heard the learned counsel for the complainant. Perused the complaint and on scrutiny of the complaint, documents and also the submission made by the learned counsel for the complaint, this Court found prima-face case, hence this complaint is referred to SHO, PS Bachupally U/Sec. 156 (3) of Cr.P.C for investigation and report.”
4. It is the contention of the learned counsel for the petitioner/accused No.3 that the learned Magistrate has not applied judicial mind for forwarding the complaint to the police for investigation under Section 156 (3) of Cr.P.C and further no reasons have been assigned by the trial Court while disposing of the matter and therefore, seeks to set aside the said docket order.
5. As per the procedure laid down under Section 200 of Cr.P.C, a Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate. If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under Section 202 of Cr.P.C, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.
