Umer Ali vs Safer Ali And Anr. on 19 August, 1886
4. In my opinion the contentions urged on behalf of the Grown cannot be sustained. Upon complaint being filed before a Magistrate, the Magistrate is be und to take cognisance of the. offence disclosed by the complaint. He has no option in other matter. The word "may" which appears in Section 190 (l), Criminal P. C. does not give the Magistrate any option in the matter, it merely empowers the Magistrate to take cognisance of any offence in the three circumstances mentioned in els. (a), (b) and (c), Sub-section (l) of Section 190, Criminal P. C. Put in another way what the section says is this, that a Magistrate is empowered to take cognisance (a) upon a complaint, or (b) upon a report in writing made by a police officer or (c) upon information received from any person. This view was taken by this Court in the case of Umer Ali v. Safer Ali and another., 13 cal. 334. In this case a reference was made by the Sessions Judge exactly on this point and this Court gave the opinion that upon receipt of a complaint the Magistrate was not competent to refuse to take cognisance of the offence but he was be und to examine the com. plainant and proceed to issue summons on the accused or order an enquiry in accordance with the provisions of subsequent sections of the Chapter. Their Lordships say this: