The Magistrate's power to issue process under Section 204 of the Code of Criminal Procedure is not absolute and is subject to judicial review. The High Court has inherent jurisdiction under Section 482 of the Code of Criminal Procedure to quash a complaint or to recall an order issuing process if it is satisfied that the complaint is frivolous, vexatious, or that there is no sufficient ground to proceed against the accused.

( 1 ) CRIMINAL Misc. Application on hand is a petition under Section 482, Cr. P. C. filed for quashing the complaint dated 8-12-92 (Annexure 1) instituted by respondent No. 2, namely, Ramji Chaudhary. The quashing of the complaint is sought inter alia, on the grounds that the complaint is baseless, vexatious and concocted and that it discloses no offence against the applicants under Sections 147 / 452 / 323 / 504 / 506, I. P. C. It is alleged in the application that the learned Magistrate has taken cognizance of the offence and summoned the applicants under Section 190 read with Section 204 of the Code of Criminal Procedure by means of the order dated 11-2-93 in a mechanical manner without application of mind and that the issue of process by the learned Magistrate in the instant case amounts to an abuse of the process of law / Court.

( 2 ) SRI R. C. Yadav holding brief of Sri K. S. Kushwaha, learned counsel appearing for the applicant urged that the complaint in the instant case is false, frivolous and vexatious besides being baseless and has been instituted solely with a view to harassing and harrowing the applicants. The learned Magistrate issued the process under Section 204 of the Code, process the argument, in a mechanical manner without applying his mind as to whether or not the complaint disclosed any offence and whether there were sufficient grounds to proceed against the applicants. Sri Yadav placed reliance upon a decision of this Court (Hon. D. P. S. Chauhan, J.) in Modi v. R. K. Sharma. (1991) 28 All Cri C 247 and a decision of the Supreme Court in Mrs. Dhana Laxmi v. R. Prasanna, (1990) 27 All Cri C 39 : (1990 Cri LJ 320) and urged that on the grounds aforesaid the complaint in the instant case is liable to be quashed by this Court under Section 482, Cr. P. C.

( 3 ) THE petition in hand raises two questions of considerable importance as to what is the nature, scope and ambit of the powers of a Magistrate under Sections 200, 202, 203 and 204 of the Code of Criminal Procedure, 1973; and whether an order issuing process under Section 204 of the Code of Cr. Procedure by a Magistrate taking cognizance of an offence under Section 190 (1) (a) is amenable to inherent jurisdiction of the High Court under Section 482, Cr. P. C.

( 4 ) IN order to appreciate the first limb of the question involved in this case, it would be worthwhile to examine the nature, scope and ambit of the powers of the Magistrate under Sections 200, 202, 203 and 204 of the Code.

( 5 ) ACCORDING to Section 190, an offence is taken cognizance of by a Magistrate inter alia upon receiving a complaint of facts which constitute such an offence. No formal action or action of any kind whatsoever is necessary in order to take cognizance of an offence. The offence is taken cognizance of as soon as the Court competent for the purpose applies its mind to the offence with a view to initiating judicial proceedings against the offender in respect of the offence. When on receiving a complaint, the Magistrate applies his mind for the purpose of proceeding under Section 200, Cr. P. C. and the succeeding Sections in Chapter XV of the Code, he is said to have taken cognizance of the offence under Section 190 (1) (a) and if instead of proceeding under the chapter aforesaid, he has, in judicial exercise of his discretion, taken action of some other kind such as issuing a search warrant for the purpose of investigation or ordering investigation under Section 156 (3), he cannot be said to have taken cognizance of any offence.

( 6 ) A consepectus of Sections 190 (1) (a), 200, 201, 202, 203 and 204 makes it crystal clear that these provisions read together constitute an integrated procedure to be followed by a Magistrate taking congizance of an offence.

( 7 ) ACCORDING to Section 200 of the Code, a Magistrate taking cognizance of an offence is required to examine upon oath the complainant and the witnesses, if any, and to record the substance of such examination