LAW FOR ALL

When a complaint discloses commission of several offences being fundamentally distinct in nature, the Magistrate has to take cognizance separately as per the procedure contemplated under the Criminal Procedure Code. - Along with Section 501 I.P.C., the Magistrate has taken cognizance of offence under Section 509 I.P.C. = the procedure adopted by the Magistrate, is in gross violation of the mandatory provisions contained in the Criminal Procedure Code, and therefore, taking cognizance of the complaint against the petitioner, is illegal. The Magistrate has no jurisdiction to either refer the case under Section 156(3) Cr.P.C. to the police for investigation or can take cognizance on the police report under Section 501 I.P.C. Along with Section 501 I.P.C., the Magistrate has taken cognizance of offence under Section 509 I.P.C., which reads as follows: 509. Word, gesture or act intended to insult the modest of a woman, - Whoever, intending to insult the modest of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. When a person is guilty of two distinct offences one is against public justice and the other offence under Section 494, the offence under the latter section can be taken cognizance. When a complaint discloses commission of several offences being fundamentally distinct in nature, the Magistrate has to take cognizance separately as per the procedure contemplated under the Criminal Procedure Code.