Cognizance of Offence

Cognizance is taken at the initial stage when the Magistrate peruses the complaint to ascertain if any offence is disclosed, and decides to proceed under Chapter XV Cr.P.C. by applying mind to the allegations, rather than rejecting it, ordering investigation under Sec. 156(3), or issuing search warrants (!) (!) . Cognizance is of the offence, not the offender; issuance of process follows later if prima facie case exists (!) . If the Magistrate proceeds under Chapter XV after not rejecting or forwarding under Sec. 156(3), cognizance is deemed taken (!) .

Rejection of Complaint

Rejection occurs at pre-cognizance stage if averments do not spell out any offence; this is an inherent power distinct from dismissal under Sec. 203 (!) (!) (!) . After Sec. 200 examination, if no offence made out, rejection is appropriate before Sec. 202 stage, avoiding dismissal which requires post-Sec. 202 consideration [15000197500007] (!) .

Dismissal of Complaint

Dismissal under Sec. 203 is only at post-cognizance stage, after considering sworn statements under Sec. 200 (if any), and result of Sec. 202 inquiry/investigation, if no sufficient ground for proceeding; reasons must be briefly recorded (!) (!) (!) . Cannot dismiss pre-cognizance or immediately after Sec. 200 without Sec. 202; must postpone process and conduct Sec. 202 first [15000197500007] (!) (!) . Sec. 204(4) dismissal for non-payment of process is not on merits (!) . Post-Sec. 202, if insufficient ground, dismiss under Sec. 203 (!) (!) .

Magistrate's Options on Receipt of Complaint (Summarizing Stages)

1. Rejection: Pre-cognizance if no offence disclosed (!) .
2. Sec. 156(3) Investigation: Pre-cognizance for cognizable offences, forwarding to police as FIR (!) .
3. Take Cognizance (Chapter XV): If prima facie offence; then examine under Sec. 200 (exceptions apply), issue process under Sec. 204 if sufficient ground, or proceed to Sec. 202 (!) (!) (!) .
4. Sec. 202 Inquiry/Investigation: Post-Sec. 200/200-equivalent, if postpone process; either self-inquiry or direct investigation (or both sequentially); mandatory if accused beyond jurisdiction post-2005 amendment (!) (!) (!) (!) .
5. Post-Sec. 202 Outcomes: Issue process under Sec. 204 if sufficient ground, or dismiss under Sec. 203 if not (!) (!) .