FACTS- In the present matter, a bench comprising Justices CT Ravikumar and Rajesh Bindal, after noting that the issue was of wide relevance and was arising in several matters frequently, observed that "an earlier decision on the question referred is solicited.

ISSUES-

• Whether, while directing an investigation in terms of provisions under Section 156(3) of the CrPC, the Magistrate is applying his mind?

• Whether the Magistrate takes ‘cognizance at that stage’?

OBSERVATION- Considering the fact that question involved is a matter of relevance and such issues arises frequently for consideration in Manju Surana judgment. It was that scanning of the provisions under Sections 156(3), 173(2), 190, 200, 202, 203 and 204 of the CrPC would, prima facie, reveal that while directing for an investigation and forwarding the complaint therefor, the Magistrate is not actually taking cognizance.