Case Note & Summary
The petitioner, Amish Jayant Dharod, filed a criminal writ petition challenging an order of the learned Additional Metropolitan Magistrate, 2nd Court, Mazgaon, Mumbai, which directed the petitioner to submit his verification upon his complaint being filed before the Magistrate. The petitioner had sought an order under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC) upon his complaint. The complaint arose from an incident on 30th September 2002, where the petitioner, a director of M/s. Vardhaman Dystuff Industries Ltd., was allegedly wrongfully detained in police custody for 7 days pursuant to a false and malicious complaint lodged by Respondent No.1. The initial complaint was under Sections 385, 504, and 509 of the Indian Penal Code, 1860 (IPC), which were bailable and compoundable offences. The petitioner argued that the learned Magistrate could not take cognizance of the complaint before any report was submitted by the police officer upon his complaint, and that while the Magistrate could issue an order under Section 156(3) CrPC, he could not issue an order for verification of the complaint under Section 200 CrPC. The respondents contended that the petitioner's case had been previously seen and did not require fresh consideration. The High Court analyzed the distinction between pre-cognizance and post-cognizance stages under the CrPC. It held that an order under Section 156(3) is at the pre-cognizance stage, directing investigation by the police, while Section 200 applies after the Magistrate takes cognizance of the offence. The two stages are mutually exclusive and cannot be mixed. Therefore, once the Magistrate directed investigation under Section 156(3), he could not thereafter order verification under Section 200. The court allowed the petition, setting aside the impugned order and directing the Magistrate to proceed in accordance with law.
Headnote
A) Criminal Procedure Code - Pre-cognizance and Post-cognizance Stages - Sections 156(3) and 200 CrPC - The issue was whether a Magistrate can order verification of a complaint under Section 200 CrPC after directing investigation under Section 156(3) CrPC - The Court held that an order under Section 156(3) is at the pre-cognizance stage, while Section 200 applies after cognizance is taken; the two stages are mutually exclusive and cannot be mixed - Held that once the Magistrate directs investigation under Section 156(3), he cannot thereafter order verification under Section 200 (Paras 1-10).
Issue of Consideration
Whether a Magistrate can direct verification of a complaint under Section 200 CrPC after having ordered investigation under Section 156(3) CrPC
Final Decision
The petition is allowed. The impugned order directing verification under Section 200 CrPC is set aside. The Magistrate is directed to proceed in accordance with law.
Law Points
- Section 156(3) CrPC is pre-cognizance stage
- Section 200 CrPC is post-cognizance stage
- Magistrate cannot mix pre and post cognizance stages
- Order under Section 156(3) excludes application of Section 200
