Cognizance of an offence can only be taken once, and the Sessions Court can take cognizance of uncharged accused based on available evidence.

ORDER :

Anoop Kumar Dhand, J.

Cognizance & Objectives of Criminal Procedure:-

“Criminal law serves the purpose of maintaining law and order by providing predictability. It protects individual rights. Criminal law makes it possible to resolve conflicts and disputes between quarreling citizens. It provides a peaceful, orderly way to handle grievances. It also provides protection, to society from criminals, who inflict harms to others. For this there are penal law which prohibit doing of certain acts by declaring those as offences and punishable with penalty. To put in other words, Criminal law deals with offences and helps to protect the society from falling into the state of anarchy.

This part of law is substantive law but for implementing it someone is to be authorized who can punish the guilty by adopting certain specified procedure. This aspect is dealt with by other part of law, i.e., procedural law.

Procedural law provides machinery for the implementation of substantive criminal law. In absence of procedural laws, the substantive laws are of no use. Without it no one will be able to know the way how the offenders will be prosecuted and by whom. In fact both the laws are complementary to each other. The procedural law is contained in Code of Criminal Procedure, 1973.

The main objective of criminal procedure is to provide a fair trial to the accused by taking into consideration the principles of natural justice and to carry out the spirit of Article 22 of the Constitution. There are various processes that need to be followed to administer justice. It includes pre-trial procedure and procedures for various trials. Trial procedure is initiated by taking cognizance of offence and then by beginning proceedings and finally arriving a decision by following the procedure laid in the code.

The word cognizance has its origin from the old French term “connaissance” which means “recognition, wisdom, knowledge, familiarity” and also from the word “conoistre” which means “to know”. It is also derived from the Latin word “cognosis” where the con means to “with” and “gnosis” means “to know”.

The word ‘cognizance’ has not been defined in the criminal procedure code, but the meaning of cognizance is derived from the number of precedents and judicial pronouncements. The dictionary meaning of cognizance is “taking account of”, “taking note of”, “to gain knowledge about”, “to have knowledge regarding something”.

Lexicon Webster’s Dictionary, defines the word cognizance as, “The range of mental observation or awareness, the fact of being aware, knowledge, (Law) the powers given to a Court to deal with a given matter, jurisdiction.”

The meaning of Cognizance given in Black’s Law Dictionary, reads as under, Cognizance:- Jurisdiction, or the exercise of jurisdiction, or power to try and determine causes; judicial examination of a matter, or power and authority to make it.

“Cognizance” in general means ‘knowledge’ or ‘notice’, and ‘taking cognizance of offence’ means taking notice, or becoming aware of the alleged commission of an offence. The Court will have to take cognizance of the offence before it could proceed with the conduct of the trial. Taking cognizance does not involve any kind of formal action but occurs as soon a Magistrate applies his mind to the suspected commission of an offence for the purpose of legal proceedings. So, taking cognizance is the application of judicial mind.”[Article on “Cognizance of Offences” written by Mr. Pradeep Mehta, Faculty Member Chandigarh Judicial Academy]

Factual Matrix:-

1. Invoking the revisional jurisdiction, contained under Section 397 read with Section 401 of Cr.P.C., the petitioners have approached this Court assailing the validity and legality of the impugned order dated 11.02.2019 passed by the learned Additional Sessions Judge No.17, Jaipur Metropolitan, Jaipur, in Sessions Case No.9/2018 by which the application filed by the complainant-respondent (hereinafter referred to as “the complainant”) under Section