not comes into the perviewof powers

Anil Kumar kamboj Delhi M-9650 (Querist) 27 August 2008 This query is : Resolved
A magistrate takes cognigence of an offence u/sec.190(1)(c)of cr.pc & decides without informinghim that it'snot come within the purview of underhis power,
is proceeding is legal?

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deepak kumar (Expert) 27 August 2008
please be kind enough to reframe the question.

Guest (Expert) 28 August 2008
Him means whom, whether accused or Chief Magistrate.

If there is empowerment from CM, then M cannot act or take cognizance see the sectionCognizance of offences by Magistrates.

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, specially empowered in this behalf under sub- section (2), may take cognizance of any offence-

(a) Upon receiving a complaint of facts which constitute such offence;

(b) Upon it police report of such facts;

(c) Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.

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