N. UNNI KRISHNAN NAIR
Eka Rimo Son of Late Kali Rimo – Appellant
Versus
State of AP Represented By The PP of AP – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. Pritam Taffo, learned counsel for the petitioner. Also heard Mr. Token Ete, learned Addl. P.P., Arunachal Pradesh, appearing on behalf of respondent No. 1; and Mr. Ramjir Rakshap, learned counsel, appearing on behalf of respondent No. 2.
2. By way of instituting the present proceeding, the petitioner has presented a challenge to an order, dated 17.01.2024, passed by the learned Special Judge, POCSO, West Kameng, Pakke Kesang, East Kameng & Tawang, at Bomdila, in Special Case POCSO Complaint Case No. 01/2024, directing the Officer in-charge, Women Police Station, Seppa, to register a case under appropriate sections of law and conduct investigation and submit a final report thereof under Section 173 of the Code of Criminal Procedure, 1973 , basing on a complaint so made before the learned Special Judge, POCSO, West Kameng, Pakke Kesang, East Kameng & Tawang, at Bomdila, by the respondent No. 2, herein, invoking the provisions of Section 30 of the Protection of Children from Sexual Harassment Act, 2012 .
3. The brief facts requisite for adjudication of the issue arising i
Kailash Vijayvargiya v. Rajlakshmi Chaudhuri & ors.
The court clarified that taking cognizance of an offence requires applying judicial mind to the complaint, and mere examination of the complainant does not suffice.
The court ruled that a Magistrate must exercise careful judicial discretion when considering an application under Section 156(3), ensuring each complaint is evaluated adequately before deciding on FI....
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....
The court held that uniformity in witness statements does not invalidate a trial, and procedural lapses under relevant laws do not preclude prosecution.
The main legal point established in the judgment is that the Magistrate is not required to record reasons for issuing process at the stage of taking cognizance based on the police report. The judgmen....
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
distinction between the investigation by the police officer under Section 156(3) and under Section 202(1) Cr.P.C. is that the former is at the pre-cognizance stage and the latter is at post cognizanc....
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.