In Brief
The Supreme Court allowed the criminal appeal against the High Court's order quashing a complaint. The case involved allegations of fraud, forgery, and atrocities. The Sessions Court had remanded the dismissed complaint for further inquiry with observations on merits. The Court held that such observations do not constitute taking cognizance. The Magistrate on remand must exercise independent judicial mind, not merely rely on the revisional court's findings. The High Court had wrongly interpreted the remand order as taking cognizance and quashed the complaint. The matter was remanded for fresh consideration by the trial court."
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