Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Withdrawal of protest petition - Even if protest petition filed by complainant is withdrawn, Magistrate is still competent to independently examine material placed before him and take cognizance if a prima facie case is made out...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Magistrate is not bound by opinion of police upon submission of final report or cancellation report u/s 173 Cr.P.C and has independent power to apply his mind to material collected during investigation - Magistrate is competent to accept cancellation report, to direct further investigation or to disagree..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - At the stage of taking cognizance and issuing process, Court is only required to see whether a prima facie case is made out on the basis of material available on record and not to conduct a detailed examination of evidence as would be done during trial...........
Criminal Procedure Code, 1973, Section 190, 193 -- Cognizance of offence - Summoning of person as offender - Unless the court has taken cognizance of offence, a person merely alleged or suspected to be involved in the commission of such offence, cannot be called upon or compelled to partake in criminal proceedings as it violates the person`s right to dignity and the right..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Any offence - Magistrate is empowered to take cognizance of an offence even if the same is triable exclusively by the court of session...........
Criminal Procedure Code, 1973, Section 190, 193 -- Cognizance - Cognizance is of an offence and not the offender - Therefore, in absence of an offence, no cognizance can be take and no proceedings can be initiated...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Order of Magistrate taking cognizance cannot be faulted only because it was not a reasoned order...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Approach of Additional Judicial Commissioner is correct inasmuch as while taking cognizance, it firstly applied its mind to materials before it to form an opinion as to whether any offence has been committed and thereafter went into the aspect of identifying the persons who appeared to have committed the..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Summoning of accused - At the stage of taking cognizance and summoning accused, Magistrate dealing with matter is required to apply judicial mind only with a view to take cognizance of offence to find-out as to whether prima-facie case has been made out to summon accused or not - Court at this stage is..........
Criminal Procedure Code, 1973, Section 190, 204, 173 -- Summoning of accused not named in charge sheet - Court can take cognizance against persons not named in charge sheet - However, in the instant case Court ordered issuing of summons to such accused and also ordered that their names should be included in the charge sheet - Court can order issuance of summons instead of..........
