Code of Criminal Procedure 1898-Section 190(1)(b) and (c) Scope of- Magistrate ordered investigation under section 156(3)-Police submitted report under section 173-Disagreeing with police report Magistrate directed issue of process Magistrate if competent to take cognizance of complaint under section 190(1)(b).

On a complaint by the complainant that the appellant, armed with a revolver and accompanied by two persons, trespassed into his house and threatened to kill him, the Magistrate ordered investigation by the police under section 156(3) of the Code of Criminal Procedure. In their report under section 173 the police stated that the complaint was false in that on the date and time mentioned therein, the appellant was at a different place far away from the place where the complainant alleged that the appellant had threatened to kill him. Disagreeing with the conclusion of the police the Magistrate took cognizance of the case under sections 448, 451 and 506 I.P.C. and directed the issue of process to the appellant. The appellant's petition seeking to quash the proceedings before the Magistrate was dismissed by the High Court.

In appeal to this Court, it was contended on behalf of the appellant that the Magistrate was not competent to take cognizance of the case as if it was upon a police report since the report under section 173 by the police did not disclose any offence having been committed by the appellant.