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2008 Supreme(Gau) 151

I.A.ANSARI
Rani Narah – Appellant
Versus
State of Assam – Respondent


JUDGMENT

I.A. Ansari, J.

1. On receiving a report submitted, under Section 173(2) of the Code, by the police, on completion of investigation of a case, disclosing commission of offence(s) by one or more persons, if a Chief Judicial Magistrate makes over the case for disposal to another Magistrate, subordinate to him, does such making over of the case necessarily denote that the Chief Judicial Magistrate had taken cognizance of the offence(s) and, having so taken cognizance, made over the case for enquiry or trial to the magistrate to whom the case was sent for disposal ? If a Judicial Magistrate issues process without condoning the delay, when taking cognizance stands barred by a period of limitation as prescribed in Section 468 of the Code, shall the High Court, in exercise of its powers under Section482 of the Code, necessarily and invariably, set aside and quash not only the order taking cognizance, but also the first information report or the complaint, as the case may be, and/or the police report (i.e. charge-sheet) submitted under Section 173(2) ? These are two questions of paramount importance, which this criminal petition, made under Section 482 of the Code, have raised. How













































































































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