Code of Criminal Procedure, 1973–Secs. 190(1)(b) & 204–Taking of cognizance and issuance of the process–Functions of trial Court at these both stages– Held, at the stage of taking cognizance, the Court is required to consider the averments made in the complaint or the charge-sheet filed u/s. 173–Court cannot analyse the evidence produced at that stage and come to the conclusion that no prima facie case is made out for proceeding further in the matter–However, before issuing the process, it is open to the Court to record the evidence and on consideration of averments made in the complaint and the evidence that adduced, find out whether an offence has been made out.
