Once cognizance is taken, the Magistrate cannot switch back to the pre-cognizance stage and must follow the procedure under S. 202 of the Cr. P. C.

( 1 ) THIS petition is preferred with a prayer to quash the entire proceedings in P. C. No. 41/89 (C. C. No. 1014/89, on the file of the Judicial Magistrate First Class (hereinafter referred to as "jmfc'), I Court, Hubli. The facts relevant for the disposal of this petition, briefly stated, are as under:

( 2 ) THE instant respondent 2, Parashuram, filed a complaint under S. 200, Cr. P. C. , before the JMFC, I Court, Hubli asserting that the instant petitioners have committed offences punishable under Ss. 323, 504 r/w 34 of I. P. C.

( 3 ) THE learned JMFC, on the receipt of the complaint, passed an order dt. 11-8-1989 which reads as under :"complainant present and filed complaint U/s. 200, Cr. P. C. Cognizance taken. Register the case and sent it to Gr. P. S. I. for investigation U/s. 156 (3),cr. P. C. returnable by 1-9-89". Thereafter, it is seen that, the Police Sub-Inspector, Hubli investigated into the matter and filed charge sheet before the JMFC. It is also seen that after the charge sheet was received, the JMFC passed an order dt. 24-10-l989, directing the issue of summons to the accused. It is also seen that, thereafter, the plea of the accused was also recorded and the accused pleaded not guilty. It is at this stage, that, this petition is filed challenging the entire proceedings before the JMFC,i Court, Hubli.

( 4 ) I have heard Sri A. B. Patil, learned counsel for the petitioner, Sri Dabali, learned counsel for respondent 2 and Sri Marigowda, learned Government Pleader.

( 5 ) SRI Patil, petitioner's counsel contended that the learned JMFC after having taken the cognizance was not competent to refer the case under S. 156 (3), Cr. P. C. to the Police Sub-Inspector, Hubli for investigation and report. It was contended by the petitioner's counsel that having regard to the provisions reflected in Ss. 200 to 202, Cr. P. C. , the only course which was available for the learned JMFC, after having taken cognizance of the case, was to examine the complainant and to act as stated in the provisions reflected in S. 202.

( 6 ) ON the other hand, counsel for respondent 2, Sri F. S. Dabali submitted that, having regard to the circumstances, particularly having regard to the fact that the advocate for the accused did not have any objection for framing the charge and having regard to the fact that even the plea of the accused has been recorded and having regard to the fact that the matter has been posted for further proceedings, the irregularity, if any, committed by the learned JMFC is cured in the context of the provisions of S. 460, Cr. P. C. and that therefore, the proceedings in question cannot be quashed at all.

( 7 ) SRI Marigowda, learned Government Pleader submitted to the Court that, this Court may pass such order as it deems fit in the facts and circumstances of the case.

( 8 ) IT is seen that the complaint was filed under S. 200, Cr. P. C. The order that is passed by the learned JMFC, next after the receipt of the complaint, is already culled out herein above. The learned JMFC, in his order, has stated in unequivocal terms that he had taken cognizance of the case. When the learned JMFC himself has stated that he has taken cognizance, there should not be any controversy in the case whether he has taken cognizance or not. Learned JMFC should be taken to have meant what he has said.

( 9 ) IF that be so, it will have to be seen as to whether the learned JMFC has erred in referring the case to the police for investigation under S. 156 (3), Cr. P. C. It is significant to note here that the Magistrate has stated in unequivocal terms that he is referring to the case for investigation under S. 156 (3), Cr. P. C. In so far as this aspect is concerned, the Supreme Court in the decision in Devarapalli Lakshiminarayana Reddy v. V. Narayana Reddy, reported in AIR 1976 SC 1672 : (1976 Cri LJ 1361), has made the position of law beyond the shadow of doubt. The gist of the decision can be summarised as under. The power to o