give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue
Code of Criminal Procedure, 1973
200. Examination of complainant.
- A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant ... signed by the complainant and the witnesses, and also by the Magistrate : Provided that when the complaint is made in writing, the Magistrate need
shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial ... section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry
Issue of process.
(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case ... brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction
Magistrate to
explicitly state the reasons for issuance of summons. It clearly
states that if in the opinion of a Magistrate taking cognizance ... Magistrate. If on
the record, this much of evidence is available that prima facie
cognizance can be taken then the Magistrate should take
cognizance, Magistrate
Court in not taking cognizance. It was
submitted that taking of cognizance was within the
domain of the Magistrate and not within the power,
authority ... Magistrate
takes cognizance after the period prescribed
under Section 468 of the Code the said order of
taking cognizance would render illegal and
without jurisdiction
under section 173-Disagreeing
with police report Magistrate directed issue of process-
Magistrate if competent to take cognizance of complaint
under section ... take cognizance or not to take cognizance of
the several offences. We however wish to observe that it was
wholly unnecessary for the Magistrate
Code of Criminal Procedure, 1973
343. Procedure of Magistrate taking cognizance.
(1) A Magistrate to whom a complaint is made under Section 340 or Section
Procedure, 1973
191. Transfer on application of the accused.
- When a Magistrate takes cognizance of an offence under clause (c) of sub-section ... Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance
further procedure for dealing with “Complaints to
Magistrate”. Under Section 200 of CrPC, the Magistrate, taking
cognizance of an offence on a complaint, shall examine ... takes place at a point
when a Magistrate first takes judicial notice of
an offence. This is the position whether the
Magistrate takes cognizance