190 states that the Magistrate can take cognisance of an offence on receiving a complaint of facts which constitute such offence. Clause (b) relates to a situation where the Magistrate receives a police report carrying such facts, i.e., facts which constitute such offence. In Minu Kumari and Another v. State of Bihar and Others11 this Court referred to the options available to the Magistrate on how to proceed in terms of Section 190(1)(b) of the Code, and held: “11...The position is, therefore, now well settled that upon receipt of a police report under Section 173(2) a Magistrate is entitled to take cognizance of an offence under Section 10 (1985) 2 SCC 537. 11 (2006) 4 SCC 359. Crl. Appeal @ SLP (Crl.) No. 1074 of 2017 & Ors. Page 12 of 38190(1)(b) of the Code even if the police report is to the effect that no case is made out against the accused. The Magistrate can take into account the statements of the witnesses examined by the police during the investigation and take cognizance