cognizance

cognizance of offence upon a police report

The report contemplated by sub section(1)  clause (b)  of section 190 is the police
report under section 173 Crpc
complaint and final report
Report made by the police under section 173 Crpc based on investigation of a cognizable or on investigation of  a non   cognizable offence  with  the permission of the Magistrate comes within the  ambit of clause  (b) of section 190(1).But report submitted by a police officer under section 173 is not a complaint as envisaged in section 190(1)(a) Crpc

1996  P.Cr.L.J.735

Upon personal information  of the Magistrate

When the Magistrate takes cognizance of an offence under clause (c) of sub section (1) of 190 that is upon information received from any person other than a police officer or upon his knowledge or suspicion that such offence has been committed, the accused person has under section 191 a right to be informed that he is entitled to have the case tried by another court, and if the accused objects  to his being tried by such Magistrate,the case shall instead of being tried by such Magistrate, be sent to the Sessions Judge for transfer to another Magistrate.

Cognizance of offence by Court of Session

Except as otherwise expressly provided by Crpc or  any other law for the time being in force , no Court of Session can take cognizance of any offence as court of original jurisdiction unless the case has been sent to it under section 190(3