Madhya Pradesh High Court: Magistrate Must Form Independent Opinion Before Taking Cognisance

The Madhya Pradesh High Court has held that a magistrate must record prima facie satisfaction before taking cognisance under Section 156(3) of the Code of Criminal Procedure.

The bench ruled that merely relying on a police report without judicial assessment does not satisfy legal requirements.

The Court stressed that magistrates must independently examine the material presented and form their own opinion before proceeding.

The Court added that taking cognisance is not a mechanical act and must reflect the magistrate’s application of mind at every stage, ensuring proper judicial scrutiny.