Prosecution 

The word prosecution in Art.20 (2) of Constitution of India means judicial proceedings before a court or a legal tribunal.  It cannot have reference to departmental or disciplinary proceedings taken for inflicting departmental penalty or punishment on an officer belonging to the department for any misconduct. 

Prosecution means the institution and carrying on of the legal proceedings against a person.  A crime is a wrong not only against the individual victim but also against the State. Hence the State take responsibility of prosecuting the accused person in cases of serious offenses.  The Government appoints prosecutors for conducting prosecution and other criminal proceedings on their behalf in the courts.  The public prosecutor does not represent the police but the Stte.it pimps every prosecution for an offense whether it is initiated on a private complaint or  police report.

Cognizance

‘Cognizance’’ in general meaning is said to be ‘knowledge’ or ‘notice’, and taking ‘cognizance of offenses’ means taking notice, or becoming aware of the alleged commission of an offense. 

The Code of Criminal Procedure has not specified what cognizance is. Literally, it means ‘to be aware of’ but when used in respect to a trial or a magistrate it means ‘Judicial notice of an offense’ Actually, taking cognizance does not require any formal action by the judge or magistrate, because as long as a magistrate turns his mind to the alleged crime of an offense for the purpose of taking further actions under the Code of Criminal Procedure, such as summoning an accused on the basis of the information available for prosecution or trial, cognizance can be said to have been taken.

Any First class Magistrate and any Second Class Magistrate can acknowledge any offense. Section 190-199 of the code defines the procedures by which various criminal courts are entitled to take cognizance of offenses, and the restrictions under which they are entitled.

Registration of cases

The code of criminal procedure defines the term ‘complaint’ as any allegation made orally or in writing to a Magistrate. It’s done with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offense, but does not include a police report.

When the Magistrate issued the process against the accused, he cannot take it back. The Code of Criminal Procedure does not provide the power of review so the Magistrate could not review its process or cancel the summon or warrant.

A magistrate on receiving the complaint may not take cognizance of the offene complained of He may or may  not take cognizance of the offense complained of.  He may look into the complaint and send it to the police for investigation under Sec. 156(3) of CR.P.C.

A Magistrate with whom a complaint is filed, shall examine the complainant and also witnesses on oath. The contents in the compliant shall also examined and reduced in writing in a report. The report shall have signature of complainant, witnesses and also the Magistrate. Provided that, when the complaint made in writing, the Magistrate need not examine the complainant and the witnesses:

• if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or
• if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:

Provided further that if the Magistrate transfers the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.