Dilawar Singh vs State Of Delhi on 5 September, 2007
21. The
three aforesaid cases have been cited on behalf of the parties. We
may also refer to the decision of this Court in Dilawr Singh v. State
of Delhi [(2007)12 SCC 641] where the difference in the
investigative procedure in Chapters XII and XV of the Code has been
recognized and in that case this Court also appears to have taken the
view that any Judicial Magistrate, before taking cognizance of an
offence, can order investigation under Section 156(3) of the Code and
in doing so, he is not required to examine the complainant since he
was not taking cognizance of any offence therein for the purpose of
enabling the police to start investigation.