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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Khairul Hoque Talukdar S/o Late Jamal Uddin Talukdar – Appellant
Versus
Abdul Hannan S/o Saman Ali – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3) |
| 2. arguments regarding the investigation and cognizance. (Para 4 , 5 , 6) |
| 3. court's examination of legal procedures. (Para 7 , 8 , 9) |
| 4. legal standards for taking cognizance. (Para 10 , 11 , 12) |
| 5. conclusions on procedural compliance. (Para 13 , 14 , 15) |
| 6. final dismissal of the petition. (Para 18 , 19 , 20) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. I. A. Hazarika, learned counsel for the petitioners. Also heard Mr. A. M. S. Mazumdar, learned counsel, appearing for the respondent no.1.
2. The petitioners, by way of instituting the present criminal petition, has presented a challenge to an order dated 29-11-2022, by which the learned Additional Chief Judicial Magistrate, Cachar, Silchar, in Complaint case being C.R.No.70/2022, had taken cognizance of the offence punishable under Section 302/34 IPC against the petitioners and directed issuance of summons to them. The petitioners have also challenged an order dated 28-03-2022, passed by the Additional Chief Judicial Magistrate, rejecting the final report submitted by the Investigating Officer in G.R. Case no.2300/2014.
3. The facts in brief requisite for adjudication of
A magistrate can independently assess investigation materials and register a protest petition as a complaint if sufficient grounds are provided, emphasizing the standard of prima facie evidence at th....
The duty of the Magistrate to take cognizance of the offence and proceed with the trial to ensure justice in cases of custodial death.
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
Point of Law : Judicial conscience of High Court would persuade it to exercise its power under Section 482 of the Cr.P.C. to quash such criminal proceedings, for that would prevent abuse of process o....
A magistrate must provide an opportunity to the accused before taking cognizance of an offence, as mandated by Section 223 of BNS-2023, highlighting the limitation on the magistrate's authority in re....
The power to investigate is exclusively reserved for the police officers, and the High Court cannot change the investigating officer in the midstream and appoint any agency of its own choice to inves....
The mandatory requirement of recording evidence under Section 200 and 202 Cr.P.C. before summoning the accused and the limited nature of the inquiry under Section 202.
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
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