A protest petition against a police referral report does not automatically compel initiation of criminal proceedings; where the allegations disclose a civil dispute and there is insufficient prima facie material—particularly in the absence of essential evidentiary elements like medical injury reports—the Magistrate is justified in declining cognizance, and such discretion will not be disturbed in revision.

advocatemmmohan

1. When a police final report classifies the allegations in a private complaint as non-cognizable, the Magistrate retains full discretion—under Sections 200 and 202 Cr.P.C.—to independently evaluate the complainant’s sworn statement and witness depositions, and decide whether sufficient material exists to take cognizance.
   The complainant cannot compel the Magistrate to treat the protest petition as a complaint; the Magistrate must independently apply judicial mind to the evidence placed at the pre-summoning stage.

2. A dispute arising out of a long-standing commercial transaction on credit—specifically non-payment of earlier dues—does not, by itself, constitute prima facie ingredients of the offence of cheating under Section 420 IPC or criminal intimidation under Section 506(2) IPC.
   Where the factual foundation reflects a civil dispute relating to running business accounts, the criminal process cannot be invoked.

3. For an offence under Section 324 IPC, the absence of medical evidence or injury report, when the alleged assault is by a bamboo stick, justifies the Magistrate’s conclusion that no prima facie case is made out.
   Although the complainant and witnesses referred to an assault, the omission of medical evidence materially affects the existence of ingredients required to summon an accused for an offence involving hurt.

4. A Magistrate’s refusal to take cognizance after evaluating a protest petition and evidence under Section 200 Cr.P.C. constitutes a discretionary judicial function; revisional jurisdiction cannot be invoked to substitute such discretion unless the order is perverse, illegal, or unsupported by record.
   As the Magistrate followed proper procedure, examined witnesses, and gave coherent reasons, the Revisional Court found no ground to interfere.

Core Legal Principle Emerging from the Case

A protest petition against a police referral report does not automatically compel initiation of criminal proceedings; where the allegations disclose a civil dispute and there is insufficient prima facie material—particularly in the absence of essential evidentiary elements like medical injury reports—the Magistrate is justified in declining cognizance, and such discretion will not be disturbed in revision.