I.A.ANSARI
James Sebastian – Appellant
Versus
State of Assam – Respondent
I.A. Ansari, J.
1. What is a 'complaint' under the Code of Criminal Procedure (in short, 'the Code')? How does a 'complaint' differ from a 'police report' as defined in the Code? Whether a report, submitted to a Judicial Magistrate by police on completion of investigation, which commenced on the basis of a direction issued by a Magistrate in exercise of the latter's powers under Section 202 of the Code, can also be regarded as a 'police report' as defined in the Code? What is 'cognizance'? When a 'complaint' is made to a Magistrate alleging commission of a cognizable offence, is the Magistrate bound to take 'cognizance' of the offence, which such a 'complaint' may disclose, or has the Magistrate any discretion to direct registration of the 'complaint' as a First Information Report (in short, 'the FIR') and investigation into the offence as may have been alleged, in the 'complaint,' to have been committed. When the Magistrate applies his mind to the contents of a 'complaint' in order to determine whether or not the 'complaint' discloses commission of an offence, 'cognizable' or 'non-cognizable,' can the Magistrate be said to have been taken 'cognizance' of the offence(s), which
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.