Notice requirement before taking cognizance under Section 182 Indian Penal Code.

1. :- The short point in this Misc. Petition is whether cognizance can be taken under Section 182 Indian Penal Code without giving any notice to the complainant.

2. I have heard learned counsel for the petitioner as well as learned P.P. Petitioner had submitted first information report before Police Station Civil Lines, Ajmer on 19th September, 1991 in relation to an occurrence took place on the same day at about 11 a.m. A case under section 379 Indian Penal Code was registered, but the police after investigation submitted final report. Learned Magistrate did not issue any notice to the complainant and straight way cognizance on complaint under section 182 Indian Penal Code which was filed with final report. It is against this order, the petitioner had to knock the doors of this Court.

3. Learned counsel for the petitioner cited AIR 1985 Supreme Court 1285 (Bhagwat Singh vs. Commissioner of Police ) and submitted that it was necessary for the Magistrate to issue notice to the petitioner before deciding to take cognizance for offence of dropping the proceedings. Learned PP is fair enough to concede that such a notice was necessary. In view of this fact, I am of the opinion that the order of the learned Magistrate dated 5.3.92 should be quashed.

4. Consequently, the Misc. Petition is hereby allowed and the order dated 5.3.92 in file no. 144/92 is hereby quashed.Petition allowed.

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