CrPC S. 190 – Magistrate, in exercise of its power under Section 190 Cr.P.C., can refuse to take cognizance if the material on record warrants so –  Must be satisfied that the complaint do not make out any offence

CrPC S. 190 – Magistrate, in exercise of its power under Section 190 Cr.P.C., can refuse to take cognizance if the material on record warrants so –  The Magistrate must, in such a case, be satisfied that the complaint, case diary, statements of the witnesses recorded under Sections 161 and 164 Cr.P.C., if any, do not make out any offence –  At this stage, the Magistrate performs a judicial function –  However, he cannot appreciate the evidence on record and reach a conclusion as to which evidence is acceptable, or can be relied upon. Thus, at this stage appreciation of evidence is impermissible –  The Magistrate is not competent to weigh the evidence and the balance of probability in the case.

2012 PLRonline 0101