per the said provision, no offences under Chapter XX of the IPC can be taken cognizance except upon a complaint made by some person aggrieved by the offence. In this case, admittedly, the cognizance was taken based on a final report submitted by the Police. The aforesaid legal position has been clearly clarified by this Court in Sali Antony’s case, wherein it was categorically observed that, in the light of the statutory prohibition under Section 198 of Cr.P.C., Magistrate is not competent to take cognizance of the offence based on final report/charge sheet submitted by the Police under Section 173 of Cr.P.C. Therefore, the contention raised by the learned counsel for the petitioner in this regard is only to be accepted, and I do so. Since I have already found that the cognizance taken by the learned Magistrate under Section 494 is not legally sustainable, I do not intend to consider the second contention as to whether the offence under Section 494 is attracted or not. This is particularly because the said contention being the one on merits, as regards the applicability of the aforesaid offences, it may not be proper on the part of this Court to take a view to adjudicate upon the same in the absence of the
