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12. To deal with these submissions of the learned counsel for the parties, it would be appropriate to go through the provisions relating to registration of a criminal case and "investigation" thereof by the police under Chapter XII and as also the power and jurisdiction of the criminal courts/Magistrates in inquiries and trials as contained in Chapter XIII; and Chapter XIV of the Code pertaining to the requisite conditions for initiation of judicial proceedings.

13. The definition of "inquiry", "investigation" and "judicial proceedings" are also to be taken note of. "Inquiry" as defined under Section 2(g) means every inquiry other than a trial, conducted under the Code by a Magistrate or Court. Section 2(h) defines "investigation" to include all the proceedings under the Code for the collection of evidence conducted by a police officer or any person authorised by a Magistrate in this behalf, but other than a Magistrate. The "judicial proceedings" defined in Section 2(i) includes any proceeding in the course of which evidence is or may be legally taken on oath.

120.8 Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above."

17. Noticing the above directions issued by the Apex Court in the case of Lalita Kumari1 in the context of the question referred before it, it is evident that all the directions issued therein apply in the matter of receipt of information of commission of a cognizable offence by the police and the stage of "investigation" as defined in Section 2(h) of the Code to be made by the police in exercise of power conferred upon it under Chapter XII of the Code.

This judgment was then followed in Tula Ram & Ors. v. Kishore Singh (1977) 4 SCC 459 at paragraphs 11and 15."

45. It may further be relevant to quote paragraph '25' & '26' of the report in Vinubhai12 which read as under:-

"25. Whereas it is true that Section 156(3) remains unchanged even after the 1973 Code has been brought into force, yet the 1973 Code has one very important addition, namely, Section 173(8), which did not exist under the 1898 Code. As we have noticed earlier in this judgment, Section 2(h) of the 1973 Criminal Procedure Code defines investigation in the same terms as the earlier definition contained in Section 2(l) of the 1898 Criminal Procedure Code with this difference that investigation after the 1973 Code has come into force will now include all the proceedings under the CrPC for collection of evidence conducted by a police officer. All would clearly include proceedings under Vinubhai Haribhai Malaviya vs The State Of Gujarat on 16 October, 2019 Indian Kanoon - http://indiankanoon.org/doc/131202146/ 13 Section 173(8) as well. Thus, when Section 156(3) states that a Magistrate empowered under Section 190 may order such an investigation, such Magistrate may also order further investigation under Section 173(8), regard being had to the definition of investigation contained in Section 2(h).

56. Thus, the above discussion pertaining to the power of the Magistrate under Section 156(3) in Chapter XII read with Section 190 in Chapter XIV of the Code leaves no room for doubt that there is nothing in the Code of the Criminal Procedure, which curtails or puts any embargo on the power of the Magistrate to make an "inquiry" as defined under Section 2(g) of the Code or to order for "investigation" defined under Section 2(h) of the Code, in dealing with the application under Section 156(3) Cr.P.C. i.e. in exercise of the power conferred upon it under Chapter XII or Chapter XIV of the Code to satisfy itself about the veracity of the allegations of commission of a criminal offence made therein.