Decided on February 07,1963

STATE Respondents


V.B.RAJU - (1.) This revision application arises out of the following facts:- The applicants were charge-sheeted under sec. 120 B I. P Code read with section 465 467 and 468 I. P Code in the Court of the J. M. F. C. Mandvi Kutch. After the receipt of the charge sheet the learned Magistrate fixed a date for holding a committal inquiry under sec. 207-A Cri. P. C On that date applications were given on behalf of the accused saying that the learned Magistrate was not competent to take cognizance in view of the provisions of sec. 196A Cr. P. C. The learned Magistrate dismissed the application of the accused under sec. 196A Cr. P. C. and ordered that the committal inquiry under sec. 207A Cr. P. C. should proceed against the accused for the offences punishable under sec. 120B read with section 420 465 467 and 468 I. P. C. The learned Sessions Judge in revision confirmed this order and rejected the revision application before him. Hence the present revision application before the High Court.
(2.) Section 196-A Cri P. C. reads as follows :- The Court shall take cognizance of the offence of criminal conspiracy punishable under sec. 120B of the Indian Penal Code (1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence or a legal act by illegal means or an offence to which the provisions of sec. 196 apply. unless upon complaint made by order or under authority from the State Government or some officer empowered by the State Government in this behalf or (2) in a case where the object of the conspiracy is to commit any non-cognizable offence or a cognizable offence not punishable with death imprisonment for a term of two years or upwards. unless the State Government or a Chief Presidency Magistrate or District Magistrate empowered in this behalf by the State Government has. by order in writing consented to the institution of the proceedings Provided that where the criminal conspiracy is one to which the provisions of sub-sec. (4) of sec. 195 apply no such consent shall be necessary. Offences under sections 465 467 and 468 I. P. Code are non-cognizable offences and offence under sec. 420 I. P. Code is a cognizable offence punishable with imprisonment for seven years.
(3.) Section 196-A Cri. Pro. Code provides that no Court shall take cognizance of an offence of criminal conspiracy punishable under sec. 120 B of the Indian Penal Code if the object of the conspiracy is that mentioned in that section. Taking cognizance of offences is referred to in sec. 190 Cr. P. C. which reads as follows:- (1) Except as hereinafter provided. any Presidency Magistrate District Magistrate or Sub-divisional Magistrate and any other Magistrate specially empowered in this behalf may take cognizance of any offence :- (a) upon receiving a complaint of facts which constitute such offence; (b) upon a report in writing of such facts made by any police officer; (c) upon information received from any person other than a police officer or upon his own knowledge or suspicion that such offence has been committed If upon receiving a report in writing made by a police officer the Magistrate fixes dates for a committal inquiry he clearly takes cognizance of the offence referred to in the charge sheet.;

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