J. B. PARDIWALA, R. MAHADEVAN
Kallu Nat Alias Mayank Kumar Nagar – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. the case involves the murder of victim shivwati. (Para 1 , 2 , 3 , 4 , 5) |
| 2. judicial notice and cognizance of offences by courts. (Para 6 , 7 , 8 , 9 , 15 , 16 , 17 , 19 , 20 , 21 , 22 , 25 , 44) |
| 3. arguments about the legitimacy of summoning the petitioner. (Para 10 , 11 , 12 , 13 , 14) |
| 4. court observations on the nature of cognizance and its implications on the trial process. (Para 18) |
| 5. understanding the roles of the magistrate and court of session. (Para 46 , 56 , 60 , 62 , 63) |
| 6. clarification on how cognizance is taken by the sessions court. (Para 70 , 72 , 73 , 78 , 82) |
| 7. commitment of cases involves both responsibility of determination and procedural guidelines. (Para 81 , 84 , 92 , 103) |
| 8. conclusions drawn about the nature of cognizance and the powers of the court of session. (Para 86 , 93 , 102) |
| 9. final orders and directions for trial completion. (Para 104 , 105 , 106 , 107) |
JUDGMENT :
For the convenience of exposition, this judgment is divided in the following parts: -
A. | FACTUAL MATRIX |
B. | IMPUGNED ORDER |
C. | SUBMISSIONS ON BEHALF OF THE PETITIONER |
D. | ISSUE FOR DETERMINATION |
E. | ANALYSIS |
i. | What is the import and purport of ‘Cognizance’ under the scheme of the Co |
Dharam Pal & Ors. vs. State of Haryana & Anr. reported in (2014) 3 SCC 306 [Para 8]
Balveer Singh & Anr. vs. State of Rajasthan reported in (2016) 6 SCC 680 [Para 12]
Chief Enforcement Officer v. Videocon International Ltd.
Sarah Mathew v. Institute of Cardio Vascular Diseases
Darshan Singh Ram Kishan v. State of Maharashtra
Mona Panwar v. High Court of Judicature of Allahabad
Maksud Saiyed v. State of Gujarat
Tula Ram v. Kishore Singh reported in (1977) 4 SCC 459 [Para 34]
Rameshbhai Pandurao Hedau v. State of Gujarat
Ramdev Food Products Pvt. Ltd. v. State of Gujarat
Raghubans Dubey v. State of Bihar
Pradeep S. Wodeyar v. State of Karnataka
Kishun Singh vs. State of Bihar reported in (1993) 2 SCC 16 [Para 83]
Ranjit Singh v. State of Punjab reported in (1998) 7 SCC 149 [Para 89]
Hareram Satpathy vs. Tikaram Agarwala
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