The Learned Chief Metropolitan Magistrate, Calcutta in exercise of his power conferred under Section 156 (3) of the Code of Criminal Procedure forwarded a complaint relating to an offence punishable under Section 493 of the Indian Penal Code to the Park Street Police Station with a direction to treat the same as FIR and to cause investigation thereupon and pursuant to such order Park Street Police Station Case No. 184/08 under Section 493 of the Indian Penal Code has been registered. The petitioner who happened to be the sole accused, in this criminal revision sought for quashing of the order passed by the Learned Metropolitan Magistrate, Calcutta as well as the First Information Report recorded pursuant to such order.
2. Heard Mr. Somnath Banerjee, learned advocate, appearing on behalf of the petitioner as well as Md. Shahjahan Hossain, learned advocate, appearing on behalf of the private opposite party no. 2. In spite of repeated calls, none appears on behalf of the State.
3. The only question arises for consideration whether the Learned Magistrate is legally empowered to make any order under Section 156 (3) of the Code of Criminal Procedure in connection with a complaint relates to a non- cognizable offence punishable under Section 493 of the Indian Penal Code.
4. A plain reading of the provisions of Section 156 (3) of the Code makes it abundantly clear such power can be exercised by any Magistrate, empowered under Section 190 of the Code in respect of only cognizable offences. However, the offence punishable under Section 493 of the Indian Penal Code being a non-cognizable offence the purported exercise of jurisdiction under Section 156 (3) of the Code of Criminal Procedure is not legally permissible. Moreover, in terms of provisions of Section 198 of the Code of Criminal Procedure taking cognizance of offences punishable under Chapter XX of the Indian Penal Code is not permissible except upon a complaint made to the Court by the aggrieved persons. In view of such specific bar the Court is only authorized to take cognizance of an offence punishable under Section 493 of the Indian Penal Code, an offence under Chapter XX of the Indian Penal Code, only under Section 190 (1)(a) of the Code and taking of cognizance of such offences under Section 190 (1)(b) of the Code on a police report is not legally permissible.
4. For the reasons stated above, the impugned order as well as the FIR registered pursuant thereto stands quashed.
However, this order will not preclude the Learned Magistrate to proceed with the complaint in question in accordance with law. Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible. ( Ashim Kumar Roy, J. )
