Sh. Arvind Kumar vs The State (Nct Of Delhi) on 12 January, 2012
It has to be noticed that the Magistrate was not bound
to take cognizance of the offences on receipt of the
complaint. He could have, without taking cognizance,
directed an investigation of the case by the police
under Section 156(3) of the Code of Criminal
Procedure. Once however he took cognizance he
could order investigation by the police only under
Section 202 of the Code of Criminal Procedure and not
under Section 156(3) of the Code of Criminal
Procedure. As it is clear here from the very fact that he
took action under Section 200 of the Code of Criminal
Procedure, that he had taken cognizance of the
offences mentioned in the complaint, it was open to
Arvind Kumar Vs The State
7
him to order investigation only under Section 202 of
the Code of Criminal Procedure and not under Section
156(3) of the Code."