Read Time: 04 minutes
The bench said an early decision in the matter is required as courts are frequently confronted with such a legal question
The Supreme Court has said a judicial magistrate, who directs investigation into a criminal complaint as per Section 156(3) and other provisions of the Criminal Procedure Code, does not actually take cognizance of the matter.
However, a bench of Justices C T Ravikumar and Rajesh Bindal said the judicial discipline and propriety demanded that it should dissuade from further observation on the question as the issue has already been referred to the Constitution bench for authoritative pronouncement.
The bench said an early decision in the matter is required as courts are frequently confronted with such a legal question.
Dealing with a matter, the court found that the question which was already referred to a larger bench, as per the judgment in 'Manju Surana vs Sunil Arora & Ors' (2018) was involved in this case as well.
The question referred under the judgment in Manju Surana’s case was whether, while directing an investigation in terms of provisions under Section 156(3) of the CrPC, the Magistrate is applying his mind. In other words, whether the Magistrate takes ‘cognizance at that stage’, the court pointed out.
"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, since the said question is referred as per the judgment, judicial discipline and propriety dissuade us from proceeding further with the case," the bench added.
The bench directed to tag the instant case also along with the matters already referred.
The court also noted the judgment in Manju Surana would reveal that the matters were referred to larger bench on March 27, 2018.
"Considering the fact that question involved is a matter of relevance and such issues arises frequently for consideration before courts, we are of the considered view that an earlier decision on the question referred is solicited," the bench said.
The court directed its Registry to place these matters before the Chief Justice of India for appropriate orders.
Please Login or Register
