Taking cognizance and summoning the accused in view of report under S. 173 CrPC - Discussed

 

Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC?

In the judgment R.R. Chari v. State of U.P., (1963) 1 SCR 121 wherein was stated that  

“The word ‘cognizance was used in the Code to indicate the point when the Magistrate or a Judge first takes judicial notice of an offence. It is a different thing from the initiation of proceedings.” 

It is also settled law that while taking cognizance and issuing summons in respect of IPC offences, based on the report under Section 173 CrPC, recording elaborate reasons is not required provided if sufficient grounds for proceeding against the accused has been satisfied.