- (1.) HEARD. Perused the relevant record.
(2.) THIS petition has been filed under Sec. 482 Cr. P. C. against the order of learned A. C. J. M. , Jait|aran dt. 29/5/93 whereby he transmitted a criminal complaint submitted before him by respondent No. 2 Shri Himmat Singh for the offences u/ss. 406, 420-B IPC to the S. H. O. , Jaitaran u/s. 156 (3) Cr. P. C. with the direction to register and investigate the case. The short controversy involved in this case is whether the learned Magistrate has committed any illegality in sending the said criminal complaint u/s. 156 (3) Cr. P. C. to the police for investigation. The contention of Mr. Moin Uddin, learned counsel appearing for the petitioner, is that the learned Magistrate after perusing the criminal complaint presented before him should have passed an appropriate order u/s 190 Cr. P. C. for taking cognizance of the offence and that without making such order, he was not competent to send the criminal complaint under Sec. 156 (3) Cr. P. C. to the police. In my considered opinion, this contention is misconceived and the same must, abort because under Sec. 156 (3) Cr. P. C, any Magistrate empowered under Sec. 190 Cr. P. C. may order such an investigation by the police in respect of a cognisable case. For this, it is not necessary for the Magistrate to take cognizance u/s 190 Cr. P. C. and thereafter to send the ease for investigation. As a matter of fact, power under Sec. 156 Cr. P. C. pertains to Chapter XII which deals with the information to the police and their powers to investigate whereas Chapter XIV deals with the conditions requisite for initiation of proceedings which includes taking cognizance of the offence by the Magistrate. Another contention of Mr. Moin Uddin is that from the contents incorporated in the criminal complaint, prima-facie no offence u/ss. 406 and 420 IPC is made out.
(3.) I have perused the contents of criminal complaint and it cannot be said that the contents mentioned therein do not constitute any cognizable offence. Therefore, this contention has also no force. In such circumstances, the impugned order of the learned Magistrate appears to me legal and justified, which warrants no interference and the said order does not amount to abuse of the process of the Court. Accordingly, this petition is dismissed summarily. . ;