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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Mahajan
Amrita jain – Appellant
Versus
State of NCT, Delhi – Respondent
| Table of Content |
|---|
| 1. challenge of the common order (Para 1 , 2) |
| 2. arguments regarding procedural error (Para 4 , 5 , 6 , 7) |
| 3. respondent's counterarguments (Para 8 , 9) |
| 4. court's analysis on cognizance (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. discussion on re-cognizance and legal constraints (Para 16 , 17 , 18 , 19 , 20) |
| 6. clarifications on protest petition and cognizance (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 7. order set aside due to procedural error (Para 30) |
| 8. final judgments and orders (Para 31 , 32 , 33) |
JUDGMENT :
Amit Mahajan, J.
1. The present petitions are filed challenging the common order dated 19.11.2024 (hereafter ‘impugned order’), passed by the learned Additional Sessions Judge (‘ASJ’), Central District, Tis Hazari Courts, Delhi, in Cr Rev Nos. 6042023 and 357/2024.
2. By the impugned order, the learned ASJ had dismissed the revision petitions filed by the petitioners and upheld the order dated 10.10.2023, in FIR No. 75/2019 (‘FIR’), registered at Police Station Rajinder Nagar, whereby the learned Metropolitan Magistrate had taken cognizance of the offences under Sections 498A/406/34 of the Indian Penal Code, 1860 (‘IPC’) against the petitioners and their son, and i
Cognizance of offences cannot be revisited after an initial order, unless new evidence emerges, upholding the procedural integrity of prior judicial findings.
A Magistrate cannot take cognizance of the same offence multiple times once it has been committed to the Sessions Court, affirming that further cognizance without proper cause is legally impermissibl....
Point of law: Cheating – Cognizance of offence - Once the learned Magistrate proceeded to record the sworn statement on the basis of the protest petition that itself is taking of the cognizance
The Court of Sessions can take cognizance of offences against accused not charge-sheeted by the police after the case is committed to it, based on prima facie evidence.
Cognizance of an offence in a criminal case can only be taken once; a Magistrate misapplying this principle during subsequent cognizance is legally unsustainable.
The Magistrate can take cognizance of a case independently of the conclusion arrived at by the investigating officer, based on the facts emerging from the investigation, as per the provisions of Sect....
Point of law : A summon is a process issued by a Court calling upon a person to appear before a Magistrate - It is used for purpose of notifying an individual of his legal obligation to appearbefore ....
Magistrates must apply their minds and consider the material on record before issuing summons to accused persons.
When information of a cognizable offence is received or such commission is suspected, proper police officer has authority to enter in investigation of same but where information relates to a non-cogn....
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