JUDGMENT

L. MOHAPATRA, J. — This application under Section 482, Cr. P.C. is directed against the order dated 18.4.2002 passed by the learned S.D.J.M., Kendrapara in I.C.C. No.130 of 2001 taking cognizance of the offences under Sections 294, 323, 341, 384, 394, 506 read with Section 34 of the Penal Code.

2. From the impugned order it appears that after presenta¬tion of the complaint before the Court, initial statement of the complainant was recorded and the learned Magistrate proceeded with the inquiry under Section 202, Cr.P.C. and on the basis of initial statement of the complainant and the statements recorded during inquiry under Section 202, Cr.P.C. cognizance of the offences was taken.

3. Shri Sahoo, the learned counsel appearing for the petitioners challenged the procedure adopted by the learned Magistrate stating that on receipt of a complaint, the learned Magistrate may initially adopt one of the two courses available to him. The learned Magistrate may send the complaint for inves¬tigation by police as envisaged under Section 156(3) of the Code of Criminal Procedure or after recording of initial statement of the complainant, take cognizance of the offences and thereafter pro