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ANIL KUMAR UPMAN
Prateek Sood – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This criminal writ petition has been filed on behalf of the petitioners seeking quashing of FIR No. 547/2017 registered at Police Station Vaishali Nagar, District Jaipur and all consequential proceedings arising out of it including order taking cognizance dated 04.10.2017 passed by learned Additional Civil Judge cum Metropolitan Magistrate No. 14, Jaipur Metropolitan in Criminal Case No. 670/17.
2. Learned counsel for the petitioners submits that the impugned FIR has been filed with malice and ulterior motive. It is contended that relations between petitioner No. 1 and respondent No. 2 are not cordial and in order to settle personal score, impugned FIR has been lodged, wherein, false and frivolous allegations have been levelled just to humiliate and harass petitioner No. 1 and his relatives. Counsel submits that entire proceedings initiated by police is illegal as same is in violation of mandatory sections 13, 14 and 15 of The Immoral Traffic (Prevention) Act, 1956 (in short 'PITA'). It is also contented by learned counsel for the petitioners that after filing charge-sheet in the matter, learned trial court vide order dated 04.10.2017 took cognizance for the offences punis
Judicial cognizance requires a magistrate to apply their mind to the evidence before proceeding; mechanical processes in cognizance undermine personal liberty.
The main legal point established in the judgment is the requirement for judicial officers to apply judicial mind and not use printed proforma in passing judicial orders.
It is settled that taking cognizance is a well-known but undefined concept in criminal jurisprudence. The Code of Criminal Procedure does not define word "cognizance". The dictionary meaning of the w....
The main legal point established in the judgment is that the magistrate is required to apply his mind before issuing process, and the mere filling up of a printed proforma and signing the same withou....
Point of law : A summon is a process issued by a Court calling upon a person to appear before a Magistrate - It is used for purpose of notifying an individual of his legal obligation to appearbefore ....
When information of a cognizable offence is received or such commission is suspected, proper police officer has authority to enter in investigation of same but where information relates to a non-cogn....
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