- (1.) S. K. Agarwal, J. This revision has been filed by the applicants challenging the order directing the registration and investigation of the allegations made in the application of the opposite party by Magistrate dated 2-7- 97. I have admitted this revision and directed the same to be connected with these 4 writ petitions which were referred to for consideration by a larger bench comprising of 3 or more judges of this Court. The reference was made by Hon'ble Palok Basu and Hon'ble J. C. Gupta, JJ.
(2.) ON an examination on of the refer ence order what I could gather from the paragraph "in order words if it is possible to hold that Madhu Bala lays down as a matter of Rule that a mere application which will not be or may not be a complaint as envisaged by the provisions of Section 200/190 C. P. C. also has to be registered and investigated just because a Magistrate pas ses such an order, then only the orders of the Magistrate Courts in these four writ petitions can be sustained. If it is not pos sible to hold what has been stated above and the emphasised portion from the para graph quoted above is taken to be the real legal proposition following from the Supreme Court Judgment, then it must be held that unless the Court/magistrate had before it a complaint filed within the meaning of Sections 200/190 Cr. P. C. he could not have directed registration of the case at the respective police station and investigation therein by the police station concerned. " What could be gathered from the contents of this paragraph is whether a complaint as required by Sections 200/190 Cr. P. C. is a must before any Magistrate could direct the registration of the case for its consequent investigation by the police as required under Section 156 (3 ). Since no straight question has been framed, I am left with no option but to read between the lines the real intention of the referring order from this paragraph alone. No other paragraph furnish any clue towards the mind of the bench otherwise. This par ticular question was posed by the bench for consideration to a larger bench deriving a portion from the judgment of the apex Court. It is reported in Madhubala v. Suresh Kumar. This decision was reported in various journals. Now what is to be examined is the intent of the apex Court while referring and reiterating the term "complaint" in these quoted lines. As defined in Section 2 (d) "complaint" means any allegation made orally or in writing to a Magistrate with a view to his taking action under this code, that some person, whether known or unknown, has committed an offence, but does not include a police report". The ex planation appended to u has also some relevance. It reads thus" A report made by a police officer in a case which disclosed after investigation the commission of a non cognisable offence shall be deemed to be a complaint and the police officer by whom such report is made shall be deemed to be the complainant". Thus what does a complaint mean is made abundantly clear by the definition and the explanation ap pended thereto. It clearly indicates that a complaint is nothing but an application con taining allegations regarding commission of a cognizable offence made orally or in writ ing to a Magistrate for initiation of an action against the offenders. These persons maybe known or unknown. It clearly excludes from its purview police report Le. charge-sheet. This provides clearly that a report submitted by a police officer under Section 173 (2) of Cr. P. C. cannot be treated a complaint except as provided by the explanation ap pended to Section 2 (d) Cr. P. C.
(3.) THE police normally submits report under Section 173 (2) of Cr. P. C. after completing exercise of the collection of evidence and afterwards on an evalua tion of all evidences so collected when it comes to a conclusion that a cognizable, offence is disclosed from the evidence so collected. This exercise is undertaken only after the registration of a case under Sec tion 154 (1) of Cr. P. C. In this context the meaning of term" investigation" as defined in Section 2 (h) also assumes significance. THE definition is quoted as under: "investigation includes all the proceeding under this code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. " Here reference to Section 2 (i) is also necessary which defines judicial proceeding. Accordingly Judicial proceeding-includes any proceeding in the course of which evidence is or may be legally taken on oath". This definition does not refer to the term cognizance and it does not define what a trial is but it com prehends them very well. Chapter 14 deals with the procedure in which judicial proceedings may be initiated. Section 190 (1) (a) clearly deals with the stage regard ing initiation of a proceedings when a 'complaint' is received. I am quoting the language of this Section as it is for an easy reception of the meaning of the term com plaint: 190 (1) (a); upon receiving a com plaint of facts which constitute such of fence" Once it is read in consonance with the definition of complaint given under Section 2 (d) it does not remain any more latent that a complaint has to contain (a) facts which constitute an offence (b ). It is to be made to a Magistrate and (c) 'for initiation of proceedings in a Court of law against the offenders in accordance with generally the provisions of Code of Criminal Procedure. Chapter IVX thus empowers a Magistrate to take cognizance of such offence or offences reported orally or in writing with a view of take suitable action on it. Chapter 15 deals with the procedure to be adhered to in such com plaints by Magistrates, Sections 200, 201, 202 and 203 deal with the preliminary stage after cognisance is taken in accord ance with Section-190 (1) (a) Cr. P. C. on any complaint. It culminates under Sec tion 203 with the dismissal of that com plaint in which cognizance was taken and evidence was recorded under Sections 200 and 202. The proceeding effectively com mences before the Magistrates when the question of issue of process crops up under Section 204 (1 ).;