62. A combined reading of Sub-sections (1) and (3) of Section 156 shows that Sub-section (1) of Section 156 vests, in the Officer-in-charge of every police station, the power to investigate any 'cognizable case' without the order of a Magistrate, who has the jurisdiction over the territorial limits of the police station concerned to inquire into and try a case under Chapter XIII. I may hasten to add that Chapter XIII relates to jurisdiction of the Criminal Courts in enquiries and trials.

63. Thus, a reading of Section 156(1) shows that this sub-section speaks of the territorial jurisdiction of an Officer-in-Charge of a police station to investigate an offence, which is cognizable and which has been committed within the local area of the police station concerned. It has to be borne in mind, in this regard, that a police officer does not have jurisdiction to investigate even a cognizable offence if the offence has been committed outside the limits of the territorial jurisdiction of the Magistrate, who has the power to enquire into or try a case, which arises within the territorial limits of the jurisdiction of the police station concerned. However, Sub-section (3) of that section authorities the Magistrate, who is empowered to take 'cognizance' of an offence under Section 190, to order an 'investigation' as mentioned in Sub-section (1) of Section 156.

64. Thus, while Sub-section (1) of Section 156 empowers a police officer to investigate a cognizable case, without any order having been passed, in this regard, from the Magistrate concerned, Sub-section (3) of Section 156 empowers such a Magistrate to order investigation, which the police officer is, in the light of the provisions of Section 156, otherwise also, empowered to investigate. In other words, a Magistrate's power to order investigation, under Section 156(3), does not affect the power, which a police officer, otherwise, has to investigate a cognizable case provided that the case relates to an area, which falls within the local limits of his jurisdiction.

65. What surface from the above discussion is that while Section 155 bars a Police Officer from investigating a 'non-cognizable case' without having received, in this regard, an order from the Magistrate, who has the power to try such a case or commit the case of trial, Section 156(1)permits a Police Officer to investigate a 'cognizable case' irrespective of the fact as to whether the Magistrate concerned has directed investigation into the case or not.

66. What is now, of immense importance to note is that, apart from the 'investigation', which a Magistrate has, by virtue of the provisions of Section 156(3), the power to direct, the Magistrate has also the power, under Section 202 of the Code, which falls under Chapter XV, to direct an investigation. Chapter XV, it needs to be noted, prescribes the procedure as to how a Magistrate shall proceed when a 'complaint', within the meaning of Section 2(d), is made by a person and when the Magistrate decides to proceed with such a 'complaint' as a 'complaint case'.

67. The question, therefore, which engages one's attention, is as to whether an investigation, which a Magistrate directs, under Section 156(3), is similar to the investigation, which a Magistrate may direct under Section 202. To correctly appreciate this question, a careful and analytical reading of the scheme of Sections 202, 203 and 204 is imperative.

68. The scheme of the provisions, contained in Sections 200, 201, 203 and 204, is this : If a Magistrate decides to take 'cognizance' of the offence, which a complaint may disclose, he shall examine the complainant and the witness, if any, present. Such examination may, however, be dispensed with, when the complaint is made by a public servant, acting or purporting to act in the discharge of his official duty, or when a Court has made the complaint. A cautious reading of the provisions of Section 202 shows that a Magistrate may, on receipt of a complaint, postpone issue of

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