- (1.) This revision is directed against order dt. 30-1-1985 recorded by Sri R. D. Pandey, learned Judicial Magistrate, Kanpur Dehat in Criminal Case No. 132 of 1985 arising out of Crime No. 27 of 1984 by which the learned Magistrate took the cognizance of the offence under S. 190(1)(c) of Cr. P.C. and summoned the revisionist to face trial under S. 306, I. P. C. The impugned order runs as below : - "This is an F. R. in.case Crime No. 27 of 1984 u/s. 306, I. P. C. P. S. Sheorajpur against accused Ravish Chandra, Kishori Lal, Smt. Vindansni, Km. Prem Sakhi and Satish Chandra. The complainant Balak Ram of aforesaid F. R. has moved a protest note along with affidavit. It is alleged the F. R. has been submitted collusively by police. Taking into consideration the F. I. R., medical report and protest note, I am of the opinion that there exists a prima facie case against accused u/s. 306, IPC and F. R. is not fit to be accepted. Hence Rejected. Taking cognizance u/s. 190(1)(c) of Cr. P. C. against accused Ravish Chandra, Kishori Lal, Smt. Vindvasni, Km. Prem Sakhi and Satish Chandra u/s. 308, I hereby summon above-mentioned accused. Let a case be registered u/s. 306, I. P. C. Issue summons to accused. Fixing 16-3-85 for appearance."
(2.) On behalf of revisionist, it was argued that it was not open to the learned Magistrate to have taken the cognizance of the offence against revisionist under S. 190(1)(c) of Cr. P. C. (Act No.2 of 1974) without examination of complainant under S. 200, Cr. P.C. and of the witnesses under S. 202, Cr. P.C. Section 190 of Cr. P. C. reads as below : - "190. Cognizance of offences by Magistrate : - (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-sec. (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. (2) ......................."
(3.) The contention was that in the instant case, cognizance cannot be treated to have been taken by the Magistrate on a 'police report' but upon 'information received from any person other than a police officer' or 'upon his own knowledge'.;