S 156(3) & 202 CrPC : Supreme Court Explains Differences Between Powers Of Magistrate At Pre-Cognizance & Post-Cognizance Stages
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n a recent judgment(Kailash Vijayvargiya v. Rajlakshmi Chaudhuri and others), the Supreme Court bench comprising Justices MR Shah and Sanjiv Khanna explained the distinction between the power of a Magistrate to direct registration of an FIR and investigation at a pre-cognizance stage under Section 1
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The Supreme Court of India has explained the differences between the powers of a Magistrate at pre-cognizance and post-cognizance stages in a recent judgment. Section 156(3) of the Criminal Procedure Code, 1973 (CrPC) allows a Magistrate to order an investigation for a cognizable offence before taking cognizance under Section 190 of the Code. However, after taking cognizance, the Magistrate has discretion to take recourse to his powers under Section 202 of CrPC. The Court highlighted that Section 202 of CrPC provides for postponement of the issue of process and the Magistrate may inquire into the case himself or direct investigation to be made by a Police officer or by such other person as he thinks fit for the purpose of deciding whether or not there are sufficient grounds for proceedings.
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- n a recent judgment(Kailash Vijayvargiya v. Rajlakshmi Chaudhuri and others), the Supreme Court bench comprising Justices MR Shah and Sanjiv Khanna explained the distinction between the power of a Magistrate to direct registration of an FIR and investigation at a pre-cognizance stage under Section 156(3) of the Criminal Procedure Code, 1973 (CrPC),...
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