- (1.) THIS is a petition Under Section 482 of the Cr. PC praying that the order dated 9-6-1976 of the Chief Judicial Magistrate, Farrukhabad, directing the police to investigate into the allegations made in the complaint Under Section 156 (3) of the Cr. PC and either to submit a charge-sheet or a final report, be quashed.
(2.) THE relevant facts are that Yens, respondent No. 1 filed a complaint before the Magistrate concerned making allegations which make out an offence punishable Under Section 395 of the IPC The learned Magistrate instead of proceeding with the case himself after taking cognizance thereof passed the impugned order Under Section 156 (3) of the Cr. PC directing the police to investigate it as already mentioned.
(3.) IT was argued on behalf of the applicants that the learned Magistrate acted illegally as he had no option but to take cognizance of the case in view of the language of Section 190 of the Cr. PC In support of this view the attention of the Court, was drawn to the observations made by the Supreme Court in A. C. Agrawal v. Mst. Ram Kali The relevant observations are in para 12 wherein the Supreme Court hag observed (at p. 86 of 1968 Cri LJ) : From the copies of the reports made in these cases to the Magistrate by the policemade available to us at the hearing of these appealsit is clear that they disclose offences Under Section 3 against the respondents. Therefore, the question is whether the Magistrate can choose to Ignore the cognizable offence complained of and merely have recourse to Section 18 and thus deprive the parties proceeded against of the benefit of a regular trial as well as the right of appeal in the event of their conviction. Bearing in mind the purpose of these provisions as well as the scheme of the Act and on a harmonious construction of the various provisions in the Act, we are of the opinion that in cases like those before us the Magistrate who is also a court as provided in Section 22 must at the first instance proceed against the persons complained against under the penal provisions in Section 3 or 7 as the case may be, and only after the disposal of those cases take action Under Section 18 if there is occasion for it. Under Section 190 (1) (b) of the Cr. PC the Magistrate is bound to take cognizance of any cognizable offence brought to his notice. ;