Section 190: the word cognizance indicates the point when a magistrate or a Judge first takes judicial notice of an offence. It is entirely a difference thing from initiation of proceedings.
Section 2(d) Complaint: A complaint to Magistrate may be made orally. There is no particular format of a complaint. A petition addressed to the Magistrate containing an allegation that an offence has been committed, ending with a prayer that the culprit be suitably dealt with, is a Complaint.
Section 200: the court is to satisfy itself about the existence of a prima facie case against the person accused of an offence and to ensure that such person is not harrased by fasle and vexations complaints, by issue of process.
Section 173: When, the magistrate is not inclined to take cognizance of the offence and issue process, on a consideration of the report made by the officer in charge of the police station u/s 173(2)(i), the informant / complainant must be given an opportunity of being heard so that he can make his submission to persuade the magistrate to take cognizance of the offence and issue process.
However busy a Magistare may be he cannot read the absence of the word “at once” in section 200 to authorize him to delay the examination by such an unexcusable delay.
A Petition addressed to the Magistrate containing an allegation that an offence has been committed and ending with prayer that the culprit be suitable dealt with, is a complaint.
It is mandatory that the Magistrate should record his reasons for not taking cognizance of an offence indicated in the complaint filed by the complainant. It is further clear that recording of reasons is mandatory when the complaint is dismissed in its entirety or in part.
