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Showing contexts for: 192 cr.p.c in Manju Shree vs State Of Jharkhand And Anr. on 27 August, 2002Matching Fragments
4. Mr. Delip Jerath, the learned Counsel appearing on behalf of the petitioner assailed the order impugned on the ground that the learned Chief Judicial Magistrate without taking cognizance transferred the case to the Court of Shri A.K. Rai, Judicial Magistrate, Ranchi for inquiry and disposal, which is illegal as there is a specific provision under Section 192, Cr.P.C. that the Magistrate can make over the case only after taking cognizance. He further argued that earlier the complaint was sent to the police under Section 156(3), Cr.P.C. and the police submitted Final Report stating that it is a case of civil nature but even then the Court below without applying his mind took cognizance and on this score also the order impugned is liable to be quashed. Further, it is submitted that Section 138 of the Negotiable Instruments Act is not applicable in the case as the petitioner had already reported the matter to the District Administration, Purnia and the Deputy Commissioner, Ranchi as back as on 19.8.1998 about committing of theft in her house when several articles including the signed cheques were stolen away from her house and she had also given the information to the Manager, Bank of India, Ranchi Branch and, therefore, the order impugned is fit to be quashed.
6. It is the true that the complaint case which was filed in the Court of the Chief Judicial Magistrate was sent earlier to the Officer Incharge under Section 156, Cr.P.C. and the police also submitted Final Report explaining that it is a case of civil nature but the inquiry' was made under Section 202, Cr.P.C. on the complaint case and the said complaint case was made over by the learned Chief Judicial Magistrate to the file of Shri A.K. Rai, Judicial Magistrate under Section 192, Cr.P.C. by the order dated 15.9.1999 and that order reveals as under:
"Complainant files his attendance. Case called out. Heard the learned Counsel for the complainant and perused the complaint. Case is made over to the file of Sri A.K. Rai, J.M. under Section 192, Cr.P.C. for inquiry and disposal. Complainant is directed to appear before the said Court on 17.9.99 for S.A."
7. Apparently, the learned Chief Judicial Magistrate before handing over the said complaint case to the Court of Judicial Magistrate perused the complaint petition. The word "cognizance" has nowhere been defined. When a Magistrate on receiving the complaint applies his mind for proceeding under Sections 200-203, Cr.P.C., he is said to have taken cognizance of the offence within the meaning of Section 190(1)(a), Cr.P.C. Taking cognizance of an offence does not involve any formal action or action of any kind but occurs as soon as a Magistrate applies his mind to the suspected commission of an offence. In the instance case, the learned Chief Judicial Magistrate before making over the case to the Court of Magistrate, perused the complaint petition which includes an inference that the learned Chief Judicial Magistrate applied his mind before proceeding with the case. Section 192 of the Code of Criminal Procedure reads as under:
(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192 :
Provided further that if the Magistrate makes over the case to another Magistrate under Section 192 after examining the complaint and the witnesses, the latter Magistrate need not re-examine them."
8. The Chief Judicial Magistrate is not obliged to examine the complainant on oath before making over the case to another Magistrate. He can do so after taking cognizance and the expression "taking cognizance" would mean that the moment he perused the complaint for the purpose of making over the case to another Magistrate under Section 192, Cr.P.C., he applies his mind and thereby he takes cognizance for proceeding with the case. By observing that it is a case of civil nature by the police will not be sufficient to throw the whole complaint case without examining/inquiring the evidence on record as required under Section 202, Cr.P.C. Thus, the learned Chief Judicial Magistrate has rightly made over the case to the Court of Magistrate, Ist Class under Section 192, Cr.P.C. after taking cognizance as required under law.