Criminal Procedure Code

Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy

(1976) 3 SCC 252

Facts

A private complaint alleging cognizable offences was filed before a Magistrate.
The Magistrate directed police investigation under Section 156(3) CrPC.
The order was challenged on the ground that once a complaint reached the Magistrate, the court had to proceed under:
Sections 200 and 202;
rather than send it for police investigation.
The case required the Supreme Court to distinguish two different investigative powers:
pre-cognizance investigation under Section 156(3);
and post-cognizance inquiry or investigation under Section 202.

Section 156(3) operates at the pre-cognizance stage.
The Magistrate sends the matter to police for a full investigation under Chapter XII.
Police may then:
register an FIR;
exercise search and arrest powers;
examine witnesses;
and submit a report under Section 173.
Section 202 operates after the Magistrate has taken cognizance and examined or begun dealing with the complaint under Chapter XV.
Its purpose is limited:
to decide whether sufficient ground exists for issuing process.
An investigation under Section 202 is not equivalent to a complete police investigation under Section 156.
Once the Magistrate takes cognizance and proceeds under Section 200, the Magistrate ordinarily cannot revert to Section 156(3).
Under BNSS, the corresponding framework is principally Sections 175(3), 223 and 225.

The Court examined the Magistrate’s order to determine the procedural stage.
The Magistrate had not:
examined the complainant on oath;
issued process;
or otherwise applied mind for proceeding judicially against the accused.
The matter had been sent to police at the threshold for investigation.
Therefore, the order was under Section 156(3).
The Court rejected the argument that physical presentation of a complaint automatically means cognizance.
A Magistrate may receive a complaint and choose:
to take cognizance personally; or
to direct pre-cognizance investigation.
The distinction matters because the powers available to police differ.
Under Section 156:
police use their ordinary statutory investigative authority.
Under Section 202:
the inquiry remains subordinate to the Magistrate’s limited decision on process.
Allowing free movement back and forth would create confusion concerning:
FIR registration;
arrest;
the status of statements;
and the applicable report.
The Magistrate’s initial choice therefore determines the procedural route.

The Supreme Court upheld the pre-cognizance investigation order.
It held that Section 156(3) applies before cognizance, whereas Section 202 applies after cognizance for deciding whether process should issue.
The case remains the clearest authority distinguishing the two provisions. (NearLaw)