SUPREME COURT: MAGISTRATE DOES NOT TAKE COGNIZANCE OF OFFENCE WILE DIRECTING POLICE INVESTIGATION AS PER SEC. 156(3) CRPC

The Supreme Court in the case M/S Sas Infratech Pvt. Ltd. Versus The State Of Telangana And Anr observed and has reiterated that a Judicial Magistrate cannot be said to have taken cognizance of an offence by directing an investigation by the police under Section 156 (3) of the Code of Criminal Procedure, CrPC.

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The court in the case reserved the findings of the High Court.

The bench comprising of Justice Bela M Trivedi and Justice Pankaj Mithal in the case observed and has referred to the case of Devarapalli Lakshminarayana Reddy And Others Versus V. Narayana Reddy And Others, wherein the court stated that when the Magistrate in exercise of his judicial discretion directs investigation under Section 156(3) of Code of Criminal Procedure, CrPC., he cannot be said to have taken cognizance of any offence. Thus, it being only when the Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to Sections 200, he can be said to have taken cognizance of the offence.