Hon'ble Judges/Coram:
Kurian Joseph and Adarsh Kumar Goel JUDGMENT
Kurian Joseph, J.
1. Cognizance of an offence is taken by the Magistrate under Chapter XIV Section 190 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Code of Criminal Procedure '). The Chapter deals with "Conditions Requisite For Initiation of Proceedings". The Magistrate is empowered to take cognizance of an offence Under Section 190(1)(a) of Code of Criminal Procedure upon receiving a complaint of facts which constitute such offence.
Chapter XV Code of Criminal Procedure deals with the further procedure for dealing with "Complaints to Magistrate". Under Section 200 of Code of Criminal Procedure, the Magistrate, taking cognizance of an offence on a complaint, shall examine upon oath the complainant and the witnesses, if any, present and the substance of such examination should be reduced to writing and the same shall be signed by the complainant, the witnesses and the Magistrate. Under Section 202 of Code of Criminal Procedure, the Magistrate, if required, is empowered to either inquire into the case himself or direct an investigation to be made by a competent person "for the purpose of deciding whether or not there is sufficient ground for proceeding". If, after considering the statements recorded Under Section 200 of Code of Criminal Procedure and the result of the inquiry or investigation Under Section 202 of Code of Criminal Procedure, the Magistrate is of the opinion that there is no sufficient ground for proceeding, he should dismiss the complaint, after briefly recording the reasons for doing so. Chapter XVI Code of Criminal Procedure deals with "Commencement of Proceedings before Magistrate". If, in the opinion of the Magistrate taking cognizance of an offence, there is sufficient ground for proceeding, the Magistrate has to issue process Under Section 204(1) of Code of Criminal Procedure for attendance of the accused.
2. In the instant case, we are called upon to decide the scope of the 'opinion of Magistrate' on sufficient ground for proceeding to issue process to the accused. The question has arisen in the background of an order passed by the Judicial Magistrate First Class, Srinagar on 03.04.2007 on a complaint filed by the first Respondent herein Under Section 500 of Ranbir Penal Code, 1932 [Section 500 the Indian Penal Code (45 of 1860)]. The operative portion of the order reads as follows:
Perused the complaint, and the statements recorded. In the first instance of proceedings, let bail warrant to the tune of Rs. 15,000/- be issued against the alleged accused persons, with direction to accused persons to cause their appearance before this Court on 22.4.07, to answer the material questions.
3. ........