M.M.Gupta, J. - (1.) This application has been moved on behalf of one Ram Adhar against whom a final report, after investigation by the police was submitted in a case under Sections 147, 328, 352, 342 and 302, I.P.C. After receipt of the final report the learned Magistrate perused the police papers and did not agree with the conclusion of the police and took cognizance of the case under Section 190, Cr.P.C. 1973.
(2.) It has been contended on behalf of the applicant that after the final report was submitted it was not open to the Magistrate to take cognizance of the case and summon the accused without any facts coming to his knowledge apart from what was contained in police papers.
(3.) I have heard the learned Counsel for the applicant as well as the learned Counsel for the State. Section 190, Cr.P.C. lays down as below: 190(1). Subject to the provisions of this Chapter, any Magistrate of first class, and any Magistrate of the second class specially empowered in this behalf under Sub-section (2) may take cognizance of any offence. (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.;