' This is an application by Munir Ahmad for quashment of criminal proceedings pending against him. The facts as alleged in the petition are that the respondents who are the enemies of the petitioner got a number of cases registered against him, some of which were found to be false. A private complaint was also filed by Raheem Bakhsh respondent No,2 before the learned A.D.C.(G)
Magistrate with powers under section 30, Cr.P.C. Muzaffargarh, against the petitioner and others.
Learned Magistrate instead of proceeding with the cases under section 200, Cr.P.C. Passed the following order on 10-8-1974: "S.H.O. Rangpur please register the case and investigate and submit the challan, if necesary."
' Under these orders the S.H.O. Registered F.I.R. No,33 against the petitioner on the same date, under section 447/379, P.P.C.
2. It was contended on behalf of the petitioner that after the complaint had been put up before the learned Magistrate, he could not order the registration of the case and was hound to examine the preliminary evidence under section 202, Cr.P.C. And proceed in accordance with the provisions of sections 203 and 204, Cr.P.C.
3. Learned State counsel submitted that since the Magistrate had not yet taken cognizance of the case it was competent for him to order the registration of the case against the accused, in view of the provisions of section 156(3), Cr.P.C.
4. I have carefully considered the contentions of the two learned counsel.
' The learned Magistrate cannot be said, in the present case, to have taken cognizance, of the case because a Magistrate is said to have taken cognizance of the case only when he applies his mind to it for purpose of proceeding underB section 200 and subsequent sections of Chapter XVI of the Code of Criminal Procedure. Before having taken cognizance of the case he could order its investigation under section 126(3), Cr.P.C. Kehr Singh v. Mst. Kirpal Kaur AIR C 1942 Lah. 256 and Azizur Rehman and others v. The State, PLD 1960 Dacca 1054.
5. In view of the above-mentioned authorities I find that the petition has no merit and is, therefore, dismissed in limine.