Magistrate Can Take Cognisance Of Offence Based On Protest Petition Even If He Declined To Take Cognisance Of Police Report: Madras High Court

The Madras High Court ruled that a Magistrate can take cognizance of an offense based on a protest petition even if he had earlier declined to take cognizance based on the police report. The court noted that the Magistrate could take cognizance even if the accused were discharged. The court emphasized that the Magistrate must apply his mind to the contents of the protest petition or complaint. The case involved a land dispute where the police had closed the case, stating it was civil in nature, but the complainant filed a protest petition, which the Magistrate took cognizance of.