Back
VENKATA JYOTHIRMAI PRATAPA
Bikkina Dharmaraju – Appellant
Versus
State Of A. P. – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
The instant petition under Section 482 of Code of Criminal Procedure, 1973[for short ‘Cr.P.C’] has been filed by the petitioners/Accused Nos.2 to 6, seeking quashment of the order of cognizance dated 21.01.2020 against them in Crl.M.P.No.1701 of 2019 in C.C.No.292 of 2017 on the file of the Court of Additional Judicial Magistrate of First Class, Peddapuram, East Godavari District for the offences punishable under Section 498-A read with 34 of the Indian Penal Code[for short ‘IPC’] and Sections 3 and 4 of the Dowry Prohibition Act[for short ‘D.P.Act’].
2. The facts leading to the filing of the Petition are;
“During course of investigation the material witnesses L.Ws.3 to 6 who are neighbours to the scene of offences at G.Ragampeta Village and Vadlamuru Village and eye witnesses to the occurrence of offence in this case and L.Ws.7 to 10 who are the elders did not state about involvement of alleged accused A.2 to A.7 who are in-laws of L.W.1 in this case.”
b. Against the same, Respondent No.2 filed a protest petition
A Magistrate must provide a reasoned order when taking cognizance of offences, ensuring specific allegations are made against accused, particularly in matrimonial cases.
The court ruled that a Magistrate must provide justifiable reasons for taking cognizance of offences against accused when police findings indicate no involvement, emphasizing the need for application....
The court established that a Magistrate must apply their mind to the allegations before taking cognizance, ensuring justice and preventing abuse of process.
The judgment emphasizes the importance of specific and distinct allegations, procedural and substantive fairness, and the need for sufficient material prompting the judicial mind to find a prima faci....
Magistrates must apply their minds and consider the material on record before issuing summons to accused persons.
(1) Issuance of Process – Section 204 requires sufficient ground for proceeding against the accused, which would mean the Court has to examine existence of sufficient grounds to proceed against the a....
The word “cognizance” has not been defined under Cr.P.C. To unveil the legal quandary, a brief survey of 'Cognizance' would illuminate everything, clearing all concepts, therefore, this Court is refe....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
