Tula Ram v. Kishore Singh

Facts

On a complaint of murder filed by Kishore Singh, the Magistrate first directed a police investigation under S156(3). The police submitted a final report that no case was made out. The Magistrate, disagreeing, examined the complainant and witnesses and issued process against the accused. The accused challenged the Magistrate's power to take cognizance and issue process after an adverse police report.

Issues

• Can a Magistrate order police investigation under S156(3) on a complaint without taking cognizance?
• On receiving an adverse final report, may the Magistrate still take cognizance and issue process?
• What is the relationship between S156(3) and S190/S200/S202?

Arguments

The accused contended that once the police filed a final report exonerating them, the Magistrate had no power to ignore it and proceed. The complainant argued the Magistrate is not bound by the police conclusion and may take cognizance on the materials and proceed under S200/S202.

Held

The Supreme Court laid down a comprehensive scheme: S156(3) and S190 operate in entirely different spheres and are mutually exclusive. On receiving a complaint the Magistrate need not take cognizance at once; he may order police investigation under S156(3). If he does take cognizance, he must examine the complainant and witnesses under S200, and may then either dismiss under S203, hold an inquiry/investigation under S202, or issue process under S204; he cannot thereafter resort to S156(3). Even where the police submit an adverse final report, the Magistrate is not bound by it and may take cognizance on the original complaint and proceed.

Ratio decidendi

S156(3) investigation is available only before cognizance; once a Magistrate takes cognizance on a complaint he must proceed under S200 onwards and is not bound by an adverse police report, retaining the power to issue process under S204.

Significance

The leading exposition of the options open to a Magistrate on a complaint and the dividing line between investigation and cognizance. Consistently followed to delineate Magistrate's powers under S156(3) versus S200-204, and central to complaint-case practice now under BNSS.

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