The Supreme Court sets aside the order of the Allahabad High Court and Chief Judicial Magistrate (CJM), Aligarh, in which cognizance was taken based on affidavits filed with a Protest Petition without following the procedure outlined under Chapter XV of the Cr.P.C. The Court held that when additional evidence is considered along with a Protest Petition, the Magistrate must treat the Protest Petition as a complaint and proceed under Sections 200 and 202 of Cr.P.C.

1. Appeal Context:
   The appellant challenged an order passed by the Allahabad High Court that dismissed an application under Section 482 of Cr.P.C. seeking to quash a summoning order by the CJM, Aligarh. The CJM had taken cognizance of offences under Sections 147, 342, 323, 307, and 506 of IPC despite a closure report by the Investigating Officer.

2. Protest Petition Filed:
   After the police submitted a final report under Section 173(2) Cr.P.C., the informant filed a Protest Petition along with affidavits claiming that the investigation was unfair. The CJM, based on the Protest Petition and affidavits, rejected the police report and took cognizance under Section 190(1)(b) Cr.P.C.

3. Appellant's Submission:
   The appellant argued that the CJM erred by relying on additional evidence (affidavits) submitted with the Protest Petition and not treating it as a complaint under Section 200 Cr.P.C., which required the Magistrate to proceed under Chapter XV of Cr.P.C.

4. Respondents' Submission:
   The counsel for the State and the informant contended that the CJM acted within its jurisdiction by relying only on the materials from the investigation and case diary, not additional evidence. Thus, the cognizance under Section 190(1)(b) Cr.P.C. was valid.

5. Supreme Court's Findings:
   The Court observed that the CJM had relied on the Protest Petition and affidavits to take cognizance. It was held that the CJM should have treated the Protest Petition as a complaint and followed the procedure under Chapter XV of Cr.P.C. Accordingly, the appeal was allowed, and the orders of the High Court and CJM were set aside.

Legal Points Discussed:

• Section 190 Cr.P.C.: Magistrate taking cognizance of an offence based on a police report or complaint.
• Section 173(2) Cr.P.C.: Final report by Investigating Officer.
• Sections 200 & 202 Cr.P.C.: Procedure for Magistrate to follow when treating a Protest Petition as a complaint.
• Chapter XV Cr.P.C.: Procedure for complaints to Magistrates.

Ratio:

When additional material like affidavits is submitted with a Protest Petition, the Magistrate must treat it as a complaint under Chapter XV of Cr.P.C. and follow the procedure laid down for private complaints. The CJM cannot proceed as if it were a State case without adhering to the procedural safeguards of Sections 200 and 202 Cr.P.C.

Acts and Sections Discussed:

• Indian Penal Code (IPC): Sections 147, 342, 323, 307, 506
• Code of Criminal Procedure (Cr.P.C.): Sections 173(2), 190(1)(a) & (b), 200, 202, 482

Subjects:

#Role of Magistrate in Cognizance

#ProtestPetition #CrPC #PrivateComplaint #Cognizance #AffidavitEvidence #PoliceReport #FairInvestigation