The power under Section 156(3) CrPC can be exercised by the Magistrate before taking cognizance under Section 190(1)(a) CrPC, but once cognizance is taken and the procedure under Chapter XV is embarked upon, the Magistrate cannot switch back to the pre-cognizance stage by forwarding the case under Section 156(3) CrPC.

N.L. Tibrewal, J.-Two short, but, important questions of law are involved in this petition. The questions are:

(i) When Magistrate can be said to have taken the cognizance?

(ii) Whether after taking cognizance of a cognizable offence, the power under Section 156 (3), CrPC can be invoked by the Magistrate. In other words, at what stage a complaint can be forwarded to the concerned police station for an investigation in exercise of powers under Section 156(3)?

2. The above questions have arisen in the following circumstances: Non-petitioner No. 2 herein, made a complaint on July 14, 1993 before the Court of Additional Munsiff and Judicial Magistrate, No. 6, Jaipur City against the petitioner and other co-accused persons alleging that the petitioner and other accused-persons came to his shop to purchase a tractor was sold to them after demonstration and trial and delivery was handed over on the assurance that the price shall be paid on the sanction of the loan from Aravali Land Development Bank, where they have applied for grant of loan. According to the complainant right from (he very beginning, the accused had no intention to pay the price of the tractor and on a false representation they deceived him and as such committed offences under Sections 406 and 420 IPC.

3. On receipt of the complaint, the learned Magistrate obtained a report from the office. The office reported on 15-7-93 that the complaint was triable and was within territorial jurisdiction of the Court. Thereafter, the learned Magistrate passed the following order: (English Translation) “15-7-93 -Complainant along with his Counsel present. Office report perused. The complaint is of the jurisdiction of the Court. It may be registered for recording the statement of the complainant. The case be listed on 29-7-93. Sdl Additional Munsiff Judicial Magistrate. No. 6. Jaipur City”

4. Thereafter, on 29-7-93 the learned Magistrate forwarded the complaint to the SHO Police Station Adarsh

Nagar Jaipur under Section 156 (3), CrPC for investigation. After receipt of the complaint, Crime FIR No. 160/93 has been registered at police station Adarsh Nagar, Jaipur for offences under Sections 406 and 420, IPC.

5. The petitioner has moved this Court by a petition under Section 482 Cr. P. C of the Criminal PC 1973

(hereinafter referred to as ‘the Code’) praying that the order passed by the Magistrate forwarding the

complaint to the police under Section 156(3), CrPC be quashed, as it was illegal and without jurisdiction.

6. Mr. Narendra Jain, the learned Counsel appearing for the petitioner, contended that the learned Magistrate

did not properly appreciate the relevant provisions of the Code. According to the Counsel, the Magistrate

had taken cognizance in the matter on 15-7-93 when the complaint was registered after perusal and next date

was fixed for recording the evidence of the complainant. It was also contended by the learned Counsel that

the power under Section 156(3), CrPC could be exercised only before the cognizance was taken and not

thereafter, as such, the learned Magistrate acted without jurisdiction in forwarding the complaint to the police

for investigation. It was also submitted that powers conferred on the Magistrate under Section 156(3) of the

Code are independent of his power to send the case for investigation under Section 202 of the Code and that

the power under Section 156(3), CrPC can be involved at a stage when the Magistrate has not taken

cognizance of the case, while Section 202 CrPC comes into operation after the Magistrate starts dealing with

the complaint in accordance with the provisions of Chapter-XV.

7. Section 156(3) of the Code reads as under:

“156(3). Any Magistrate empowered under Section 190 may order such an investigation as abovementioned.”

8. Sections 200 and 202 of the Code are also reproduced, for the sake of convenience, hereunder: -

“200. Examination of complainant- A Magistrate taking cognizance of an offence on complaint shall examine

upon oath the c