Point of Law: Section 192 Cr.P.C deals with making over of cases to Magistrates by Chief Judicial Magistrate after taking cognizance of an offence.

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure Code and the prayers in this petition are as under:

“1. Quash the proceedings pending against the petitioner as C.C.756/2014 of the learned Judicial First Class Magistrate Court, Ranny, arising from Crime No.193/08 of Chitaar Police Station;

2. Grant such other relief deemed fit to this Hon’ble Court.”

2. Petitioner is the 2nd accused in Crime No.193/2008 of Chittaar Police Station, now pending as C.C.No.756/2014 on the files of the Judicial First Class Magistrate Court, Ranni.

3. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor appearing for the State. Though notice was served upon the 1st respondent, he did not appear.

4. The learned counsel for the petitioner raised 2 contentions in this petition to justify quashment of the proceedings. The first point argued is that as per the prosecution case, there is no allegation to the effect that the petitioner borrowed any amount with dishonest intention and thereby cheated the defacto complainant or any others. The second point argued is that cognizance taken by the Magistrate in this crime, acting on the final report filed by the police, is illegal. The learned counsel for the petitioner argued that cognizance taken by the Magistrate on the finding that the petitioner herein along with accused 1 and 3 committed offence punishable under Section 420 r/w Section 34 of the Indian Penal Code is non-est, since the Magistrate miserably failed to comply the mandate of Section 202(1) of the Code of Criminal Procedure (`Cr.P.C’ for short), wherein it has been specifically provided as under:

Any Magistrate, on receipt of complaint of an offence which he is authorised to take cognizance or which has been made over to him under Section 192, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

PROVIDED that no such direction for investigation shall be made--

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or

(b) where the complaint has not been made by a court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.

xxxx xxxx xxxx”

5. According to the learned counsel for the petitioner, the amendment introduced w.e.f 21.06.2006 to the Code of Criminal Procedure brought into the words “and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction”. Therefore, the Magistrate, on receipt of complaint of an offence which he is authorised to take cognizance or which has been made over to him under Section 192, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding. It is specifically argued that in this case, non compliance of Section 202(1) Cr.P.C, is foreseeable when the learned Magistrate took cognizance against the petitioner, who has been residing outside the jurisdiction of the Magistrate, and the same would go to the root of the matter. Accordingly the cognizance is bad in law.

6. While appraising the contentions raised by the learned counsel for the petitioner, in this matter, evidently as per the address shown in the F.I.R and the final report at the time of cognizance, the