ALLAHABAD HIGH COURT Judgment/Order – APPLICATION U/s 482 No. 11118 of 2022 Judgment/Order Dated – 22/6/2022 at Allahabad Title – Atmaram Yadav 2 Others Vs. State Of U.P. And AnotherCoram – Hon’ble Yogendra Kumar Srivastava,J. Court No. – 45Case:-...
COGNIZANCE OF OFFENCE
The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of Cr.P.C. If he does so, he is not to examine the complainant on oath because he was...
Can a “special Court” under SC/ST Act, take direct cognizance without committal proceeding
14 min read
Gangula Ashok and another Vs State of ANDHRA PRADESH-28/01/2000.-we have no doubt that a Special Court under this Act is essentially a Court of Session and it can take cognizance of the offence when the case is committed to...
What is taking cognizance has not been defined in the Criminal Procedure Code and I have no desire to attempt to define it. It seems to me clear however that before it can be said that any magistrate has...
Whenever a private complaint is lodged, the learned Magistrates have to go through the contents of the complaint in order to ascertain whether plain and broad reading of the allegations made in the complaint constitute any offence under any...
before cognizance is taken, application of mind on the part of the court is imperative, taking action of some other kind would not mean that cognizance has been taken.
