[ 8 ] M. L. Sethi vs R. P. Kapur & Anr on 23 September, 1966
Equivalent citations: 1967 AIR 528, 1967 SCR (1) 520
..... This provision in clause (b) of sub-s. (1) of s. 195 is thus clearly a limitation on the power of the Court to take cognizance under s. 190. Consequently, it is at the stage when a Magistrate is taking cognizance under s. 190 that he must examine the facts of the complaint before him and determine whether his power of taking cognizance under s. 190 has or has not been taken away by cl. (b) of sub-s. (1) of s. 195, Cr. P.C. .....
..... if a private person, aggrieved by the information given to the police, files a complaint for commission of an offence under s. 211, 1. P. C., at any stage before a judicial order has been made by a Magistrate, there can be no question, on the date on which cognizance of that complaint is taken by the Court, of the provisions of s. 195(1) (b) being attracted, because, on that date, there would be no proceeding in any Court in existence in relation to which the offence under s. 211, 1. P. C., can be said to have been committed. The mere fact that on a report being made to the police of a cognizable offence, the proceedings must, at some later stage, end in a judicial order by a Magistrate, cannot, therefore, stand in the way of a private complaint being filed and of cognizance being taken by the Court on its basis.