Criminal Procedure Code, 1973 S. 200  -  Contemplates a Magistrate taking cognizance of an offence on complaint to examine the complaint and examine upon oath the complainant and the witnesses present, if any -  Then normally three courses are available to the Magistrate - The Magistrate can either issue summons to the accused or order an inquiry under Section 202 Cr.P.C. or dismiss the complaint under Section 203 Cr.P.C. - Upon consideration of the statement of complainant and the material adduced at that stage if the Magistrate is satisfied that there are sufficient grounds to proceed, he can proceed to issue process under Section 204 Cr.P.C. (2016)3 PLRSC 883

Criminal Procedure Code, 1973 S. 200  - Cognizance  - A Magistrate takes cognizance of an offence when he decides to proceed against the person accused of having committed that offence and not at the time when the Magistrate is just informed either by complainant by filing the complaint or by the police report about the commission of an offence. (2016)3 PLRSC 883

Criminal Procedure Code, 1973 S. 200  - Cognizance  - Magistrate is not bound to take cognizance of an offence merely because a complaint has been filed before him when in fact the complaint does not disclose a cause of action - Section 200 Cr.P.C. clearly suggests that for taking cognizance of an offence on complaint, the Court shall examine the complainant upon oath - The object of examination of the complainant is to find out whether the complaint is justifiable or is vexatious - Merely because the complainant was examined that does not mean that the Magistrate has taken cognizance of the offence - Taking cognizance of an offence means the Magistrate must have judicially applied the mind to the contents of the complaint and indicates that Magistrate takes judicial notice of an offence - Mere presentation of the complaint and receipt of the same in the court does not mean that the Magistrate has taken cognizance of the offence. (2016)3 PLRSC 883

 

Criminal Procedure Code, 1973 S. 202  - Contemplates postponement of issue of process -  It provides that the Magistrate on receipt of a complaint of an offence of which he is authorised to take cognizance may, if he thinks fit, postpones the issue of process for compelling the attendance of the person complained against, and either inquire into the case himself, or have an inquiry made by any Magistrate subordinate to him, or an investigation made by a police officer, or by some other person for the purpose of deciding whether or not there is sufficient ground for proceeding -  If the Magistrate finds no sufficient ground for proceeding, he can dismiss the complaint by recording briefly the reasons for doing so as contemplated under Section 203 Cr.P.C.  - A Magistrate takes cognizance of an offence when he decides to proceed against the person accused of having committed that offence and not at the time when the Magistrate is just informed either by complainant by filing the complaint or by the police report about the commission of an offence. (2016)3 PLRSC 883