Judgment

Kurian Joseph, J.

1. Cognizance of an offence is taken by the Magistrate under Chapter XIV Section 190 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code of Criminal Procedure'). The Chapter deals with "Conditions Requisite For Initiation of Proceedings". The Magistrate is empowered to take cognizance of an offence Under Section 190(1)(a) of Code of Criminal Procedure upon receiving a complaint of facts which constitute such offence. Chapter XV Code of Criminal Procedure deals with the further procedure for dealing with "Complaints to Magistrate". Under Section 200 of Code of Criminal Procedure, the Magistrate, taking cognizance of an offence on a complaint, shall examine upon oath the complainant and the witnesses, if any, present and the substance of such examination should be reduced to writing and the same shall be signed by the complainant, the witnesses and the Magistrate. Under Section 202of Code of Criminal Procedure, the Magistrate, if required, is empowered to either inquire into the case himself or direct an investigation to be made by a competent person "for the purpose of deciding whether or not there is sufficient ground for proceeding".