Honble TIBREWAL, J. — Two short, but, important questions of Law are involved in this petition. The questions are : — (i) When Magistrate can be said to have taken the cognizance? (ii) Whether after taking cognizance of a cognizable offence, the power under Section 156(3) Cr.P.C. can be invoked by the Magistrate. In other words, at what stage a complaint can be forwarded to the concerned police station for an investigation in exercise of powers u/s 156(3)-?. (2). The above questions have arisen in the following circumstances: (3) Non-peitioner No.2 herein, made a complaint on July 14,1993 before the Court of Additional Munsiff and Judicial Magistrate, No.6, Jaipur City against the petitioner and other co-accused persons alleging that the petitioner and other accused-persons came to his shop to purchase a tractor and a tractor was sold to them after demonstration and trial and delivery was handed over on the assurance that the price shall be paid on the sanction of the loan from Land Development Bank, where they have applied for grant of loan.According to the complainant, right from the very beginning, the accused had no intention to pay the price of the tractor and on a false representation they deceived him and as such, committed offences u/ss.406 and 420 IPC. (4). On receipt of the complaint, the learned Magistrate obtained a report from the office. The office reported on 15-7-93 that the complaint was triable and was within territorial jurisdiction of the Court. Thereafter, the learned Magistrate passed the following order: — (English Translation) "15.7.93-Complainant alongwith his counsel present. Office report perused. The complaint is of the jurisdiction of the Court. It may be registered for recording the statement of the complainant. The case be listed on 29.7.93. Sd/- Additional Munsiff & Judicial Magistrate, No.6, Jaipur City" (5). Thereafter, on 29.7.93 the learned Magistrate forwarded the complaint to the SHO Police Station Adarsh Nagar Jaipur under Section 156(3) Cr.P.C. for investigation. After receipt of the complaint, Crime FIR No.160/93 has been registered at police station Adarsh Nagar, Jaipur for offences u/ss 406 and 420 IPC. (6). The petitioner has moved this Court by a petition u/s 482 Cr.P.C. of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) praying that the order passed by the Magistrate forwarding the complaint to the police u/s 156(3) Cr.P.C. be quashed, as it was illegal and without jurisdiction. (7). (6). The petitioner has moved this Court by a petition u/s 482 Cr.P.C. of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) praying that the order passed by the Magistrate forwarding the complaint to the police u/s 156(3) Cr.P.C. be quashed, as it was illegal and without jurisdiction. (7). Mr. Narendra Jain, the learned counsel appearing for the petitioner, contended that the learned Magistrate did not properly appreciate the relevant provisions of the Code. According to the counsel,the Magistrate had taken cognizance in the matter on 15.7.93 when the complaint was registered after perusal and next date was fixed for recording the evidence of the complainant. It was also contended by the learned counsel that the power u/s 156(3) Cr.P.C. could be exercised only before the cognizance was taken and not thereafter, as such, the learned Magistrate acted without jurisdiction in forwarding the complaint to the police for investigation. It was also submitted that powers conferred on the Magistrate u/s 156(3) of the Code are independent of his power to send the case for investigation u/s 202 of the Code and that the power u/s 156(3) Cr.P.C. can be invoked at a stage when the Magistrate has not taken cognizance of the case, while Section 202 Cr.P.C. comes into operation after the Magistrate starts dealing with the complaint in accordance with the provisions of Chapter - XV. (8). Section 156(3) of the Code reads as under : — "156(3) any Magistrate empowered under Sec. 190 may order such an investigation as above-mentioned." (9). (8). Section 156(3) of the Code reads as under : — "156(3) any Magistrate empowered under Sec. 190 may order such an investigation as above-mentioned." (9). Section 200 and 202 of the Code are also reproduced, for the sake of convenience, hereunder : — "200.Examination of complainant - A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses- (a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made, the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under Sec. 192: Provided further that if the Magistrate makes over the case to another Magistrate under Sec, 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them." "202 - Postponement of issue of process - (1) Any Magistrate, on, receipt of acomplaint of an offence of which he is authorised to take cognizance or which has been made over to him under Sec, 192, may, if he thinks fit, postpone the issue of process against the accused and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of diciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made: (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session:or (b) where the complaint has not been made by a court, unless the complainant and the witnesses present(if any) have been examined on oath under Sec.200. (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions, he shall called upon the complainant to produce all his witnesses and examine them on oath. (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions, he shall called upon the complainant to produce all his witnesses and examine them on oath. (3) If an investigation under sub-section(l) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer - in - charge of a police station except the power to arrest without warrant." (10). Section 190 of the Code states "Cognizance of offence by Magistrate". This Section, so far as it is material for our purpose, provides as under: "190. Cognizance of offences by Magistrate(l) Subject to the provisions of this Chapter any Magistrate of the first class, any Magistrate of the second class specially empowered in this behalf under sub-section(2), may take cognizance of any offence- (a) upon receiving a complaint of facts, which constitute such offence: (b) upon a police report of such facts : (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed;" (11). There is no dispute that when a Magistrate receives a complaint, he is not bound to take cognizance, even if the facts alleged in the complaint, disclosed the commission of an offence. The words "may take cognizance" gives a discretion to the Magistrate in the matter. Two options are open to him. The first option that, he may forward the complaint u/s 156(3) Cr.P.C, if on a reading of the complaint, he finds that the allegations disclosed a cognizable offence and forwarding of the complaint to the police for investigation will be conducive to justice and save valuable time of the Court. The second option is that he himself takes cognizance and proceeds with the matter. (12). This raises an important question, "what is meant by taking cognizance of an offence" by a Magistrate within the contemplation of Section 190 ? The expression "taking cognizance of an offence" has not been defined in the Code. The second option is that he himself takes cognizance and proceeds with the matter. (12). This raises an important question, "what is meant by taking cognizance of an offence" by a Magistrate within the contemplation of Section 190 ? The expression "taking cognizance of an offence" has not been defined in the Code. The ways, in which , such cognizance can be taken are set out in clauses (a),(b) and (c) of Section 190(1) Cr.P.C. Whether the Magistrate has or has not taken cognizance of the offence will depend on the circumstances of the particular case including the mode, in which, the case is instituted and the nature of the preliminary action, if any, taken by the Magistrate. The Magistrate can be said to have taken cognizance on a complaint, when on receiving a complaint, he applies his mind for the purpose of proceeding u/s 200 and succeeding sections in Chapter XV of the Code of 1973. If instead of proceeding under Chapter XV, he exercises his discretion, otherwise ordering investigation by the police under Section 156(3) Cr.P.C. he cannot be said to have taken cognizance of any offence. (13). In other words, if the Magistrate, applies his mind and orders to proceed u/s 200 and 202 Cr.P.C. he can be said to have taken cognizance. In Nirmal Jit Singh Hoon V. State of West Bengal (1), and D.L.Reddy V. Narayan Reddy (2), the proposition of law has been explained as stated above. Chapter XII of the Code provides "information to the police and their power to investigate". Section 154 provides registration of a case by the police on receiving information relating to the commission of a cognizable offence, which is popularly known as first information report. Then, Section 156 empowers police officers to investigate cognizable case under s.156 are independent and not subject to any order of a Magistrate. Sub- s.(3) provides that "any Magistrate empowered under s.190, may order any such investigation as mentioned above " i.e. mentioned under Sub-s.(l) of s.l56,Cr.P.C. This power under sub-s.(3) can be exercised by the Magistrate before taking cognizance under s.190 of the Code and instead of taking cognizance he may direct an investigation or re-investigation under sub-s.(3) of S.156, Cr.P.C. Section 202 is contained in Chapter XII under caption "Complaints to Magistrate". The power to order investigation under S.156(3) is different from the power to direct investigation, conferred by S.202(l) of the Code. Both operate in distinct sphares and at different stages. The first is exercisable at the pre-cognizance stage, the second at the post- cognizance stage when the Magistrate is raised of the case. In other words, in case of a complaint of a cognizable offence, the power under s. 156(3) can be utilised by the Magistrate before he takes cognizance of the offence under S.190(l)(a), but if he once takes such cognizance and embarks upon the procedure embodied under Chapter XV, he is not competent to switch back to the pre-cognizance stage forwarding the case under S.156(3). As stated earlier, the powers of investigation of the police under S.156(1) are independent, an order of a Magistrate under sub-s.(3) is only a reminder or intimation to the police to exercise their plenary powers of investigation under s.l56(l), Cr.P.C. Such investigation embraces the entire continuous process, which begins with the collection of evidence under s.l56(3) and ends with a report or chargesheet under s.173. On the other hand, s.202 comes in operation at a stage when some evidence has been collected in proceedings under Chapter XV, but the same is deemed insufficient to take a decision as to the next step in the prescribed procedure. The object of an investigation under s.202 is not to initiate a fresh case on a report, but to assist the Magistrate in a case already instituted upon a complaint before him. (14). In the background of the preposition of law as aforesaid, the question for determination is whether the order of the Magistrate forwarding the complaint under S.156(3), Cr.P.C. is sustainable. The answer depends on the solutation of a further question - Whether the Magistrate had taken cognizance prior to passing an order under sub-s.(3) of S.156, Cr.P.C? If the answer is in the affirmative, i.e. the order forwarding the complaint is passed after taking cognizance, the same is not sustainable in law. The answer depends on the solutation of a further question - Whether the Magistrate had taken cognizance prior to passing an order under sub-s.(3) of S.156, Cr.P.C? If the answer is in the affirmative, i.e. the order forwarding the complaint is passed after taking cognizance, the same is not sustainable in law. If the order, forwarding the complaint, is passed before taking cognizance it is within the competence of the Magistrate under Sub-s.(3) of S.156, Cr.P.C. In the instant case, I have no doubt in my mind that the Magistrate had taken cognizance on 15.7.1993 when he registered the case after going through the complaint and passed an order to proceed under s.200,Cr.P.C. to record the statement of the complainant. In that situation, the Magistrate has no jurisdiction to forward the complaint exercising powers of sub-s.(3) of s.156, Cr.P.C. and the said order is not sustainable in the eye of law. (15). Consequently, the criminal petition is allowed. The impugned order forwarding the complaint under s.l56(3)Cr.P.C. to Police Station Adarsh Nagar, Jaipur for investigation is set aside. The consequential registration of Crime/FIR . No. 160/93 by the Station House Officer, Police Station, Adarsh Nagar, Jaipur on the aforesaid complaint is also quashed. The learned Magistrate is directed to proceed with the complaint in accordance with the provisions contained in Chapter XV of the Code of Criminal Procedure. (16). A copy of this order be sent to the concerned Magistrate, as well as, the Station House Officer, Police Station, Adarsh Nagar, Jaipur for doing the needful.