Can a Magistrate reject a complaint at the pre-cognizance stage if the complaint on the face of it does not make out the offence alleged ?
In Raju Puzhankara v. State of Kerala [ 2008 (2) KHC 318 : 2008 (2) KLT 467] , the Kerala High Court held that there is a power in every Magistrate to reject the complaint even at the pre-cognizance stage if the complaint on the face of it does not make out the offence alleged in the complaint. The court also said that there is a distinction between a dismissal of the complaint under Sec. 203 Cr.P.C. at the post-cognizance stage and a rejection of the complaint under the pre-cognizance stage. This view was reiterated in Biju Purushothaman v. State of Kerala, 2008 Cri.L.J.4488 and more recently in Rajan vs State of Kerala.