Does Magistrate take cognizance while directing investigation u/s 156(3) of CrPC? :Supreme Court calls for earlier adjudication on issue referred in 2018 Manju Surana judgment
Justices C.T. Ravikumar & Rajesh Bindal [16-04-2024]

Read Order: SHAMIM KHAN vs. DEBASHISH CHAKRABARTY & ORS. [SC- Petition(s) for Special Leave to Appeal (Crl.)No(s).3567-3568/2017]

Tulip Kanth 

New Delhi, April 18, 2024: Scanning through the provisions under Sections 156(3), 173(2), 190, 200, 202, 203 and 204 of the CrPC, the Supreme Court has, prima facie, observed that the Magistrate is not actually taking cognizance while directing for an investigation and forwarding the complaint. However, noting that this issue has been referred to a larger Bench, the Top Court tagged the matter in question along with Manju Surana vs. Sunil Arora & Ors.

The Division Bench of Justice C.T. Ravikumar & Justice Rajesh Bindal found that the question which was already referred to a larger Bench, as per the judgment in Manju Surana’s case (supra) was involved in the present case as well.

The question referred under the judgment in Manju Surana’s case (supra) is whether, while directing an investigation in terms of provisions under Section 156(3) of the CrPC, the Magistrate is applying his mind i.e. whether the Magistrate takes ‘cognizance at that stage’.

“We are of the considered view that scanning of the provisions under Sections 156(3), 173(2), 190, 200, 202, 203 and 204 of the CrPC would, prima facie, reveal that while directing for an investigation and forwarding the complaint therefor, the Magistrate is not actually taking cognizance”, the Bench said. 

However, the Top Court stated that since the said question is referred as per the abovementioned judgment, judicial discipline and propriety would dissuade it from proceeding further with the case.“Hence, we order to tag the captioned matters also along with the matter(s) already referred”, the Bench held.

The judgment in Manju Surana (supra) revealed that the matters were referred to a larger Bench on 27.3.2018. Considering the fact that the question involved is a matter of relevance and such issues arises frequently for consideration before Courts, the Bench opined that an earlier decision on the question referred is solicited.

Thus, the Bench concluded the matter by observing, “Registry is directed to place these matters before the Hon’ble the Chief Justice of India for appropriate orders.”