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A. Y. KOGJE
Amubhai Dipubhai Gohil – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(A.Y. Kogje, J.)
[1] These two applications are filed on the same grounds raising same contentions and arising out of same facts. At the request of learned advocates appearing for the respective parties, both the matters are taken up for joint hearing and disposal. The facts are recorded from the lead matter being Criminal Misc. Application No.7940 of 2013.
[2] The application is filed under Section 482 of the Code of Criminal Procedure challenging the order dated 07.05.2013 by the learned 3rd Judicial Magistrate First Class, Court No.3, Surat in Criminal Misc. Application No.391 of 2013 and also praying for quashing of FIR filed with Katargam Police Station being C.R.No.I-61 of 2013.
[3] This Court vide order dated 31.05.2013 had admitted matter and granted interim relief in terms of para-9(c) by which the further investigation and all the proceedings pertaining to the aforesaid C.R. qua the present applicants were ordered to be stayed.
[4] At the outset, learned advocate has submitted that the application was filed on the limited ground that the judicial magistrate has no jurisdiction to issue the directions of registering an FIR and therefore, while passing the impugned
Once a Magistrate takes cognizance of an offense, he cannot revert to pre-cognizance stages, preventing subsequent orders for FIR registration.
The judgment establishes the principle that once cognizance of offences is taken, the trial Magistrate cannot direct registration of an FIR and emphasizes the importance of adhering to the procedural....
A Magistrate can direct FIR registration even after commencing proceedings under section 202 Cr.P.C, clarifying the powers under sections 156(3) and 202.
A Magistrate cannot revert to the pre-cognizance stage after taking cognizance of a complaint, making the order to register an FIR legally untenable.
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
The Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
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....
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