1. The only question involved in this revision is whether in a case instituted on a private complaint under section 190 CrPC after the report filed by the police under section 156 (3) CrPC on the direction of the Magistrate, the case can be treated as filed under section 173 (2) of CrPC.

2. Learned Judicial Magistrate First Class, Guna by its order dated 19.1.2010 rejected the application filed by the complainant for framing charges on the basis of the Police Report without taking evidence before the charge. In revision, the Additional Judge to the Court of Fourth Additional Sessions Judge, (Fast Track) Guna has allowed the revision petition filed by the complainant and directed that after receiving the report under section 156 (3) CrPC. it is not necessary to take evidence before framing charge and since the Court has already taken cognizance on Police Investigation Report submitted under section 156 (3) CrPC, the cognizance shall be treated as taken under section 190 (1) (b) CrPC.

3. It means learned Additional Sessions Judge while mentioning the provisions of section 190 (1) (b) has overlooked the provisions of that section. Section 190 CrPC. reads as under :

"190. Cognizance of offence by Magistrate. - (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section may take cognizance of any offence

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a police report of such facts;

(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try."

4. From a bare reading of the section 190 CrPC. it is clear that cognizance of the offence shall be deemed to have been taken as soon as the complaint of facts which constitutes such offence has been received by the Magistrate. The second mode is upon a police report of such facts. Therefore, it is clear that as soon as the complaint is filed, cognizance shall be deemed to be taken by the Magistrate concerned.

5. The Judicial Magistrate may proceed to take statement of the complainant and his witnesses under section 200 and 202 of CrPC or he can refer the matter to be investigated by the Police Officers under section 156 (3) of CrPC. Section 156 of the CrPC reads as under:-

156. Police Officer power to investigate cognizable case. - (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned."

6. The learned counsel for the respondent has relied on the judgment of Mohd. Yousuf v. Afaq Jahan (Smt.) and another, (2006) 1 SCC 460 in which it has been held that if a complaint has been sent for investigation to the officer-in-charge of the Police Station under section 156 (3), it is the duty of the officer in charge of the police station to register an FIR even when the Magistrate explicitly does not say so. Simply by registering the FIR, for investigating the matter under section 156 (3) of CrPC. it is not necessary for the officer in charge of the Police Station to file challan under section 173 (2) CrPC. He can submit a report to the concerned Magistrate who shall then issue process under section 204 of CrPC and the case will be treated as complaint case and the procedure fo