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ANOOP KUMAR DHAND
Babu Shekha – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Anoop Kumar Dhand, J.
This petition challenges the impugned order dated 30.08.2018 passed by the Additional Sessions Judge No.1 Sambhar Lake, District Jaipur in Sessions Case No.12/2013 by which the application filed by the complainant respondent under Section 193 Cr.P.C. for taking cognizance against the accused petitioners has been allowed and accordingly cognizance has been taken against them for the offences punishable under Sections 147, 148, 341, 323, 325, 308 and 149 IPC.
2. Learned counsel for the petitioner submits that in the instant matter, the FIR was lodged against several accused persons and after investigation chargesheet was submitted only against the accused Gulab, Gafoor, Ramzan, Shahjad, Gafar Sayeed and after submission of chargesheet cognizance was taken against them by the Additional Chief Judicial Magistrate, Sambharlake, District Jaipur vide order dated 25.02.2023. Counsel submits that since the offences were triable by the Sessions, the case was committed to the Court of Additional Sessions Judge, Sambhar Lake. Counsel submits that after committal of the case, the learned Additional Sessions Judge took cognizance against those accused persons for the s
The Court of Sessions can take cognizance of offences against accused not charge-sheeted by the police after the case is committed to it, based on prima facie evidence.
A Magistrate cannot take cognizance of the same offence multiple times once it has been committed to the Sessions Court, affirming that further cognizance without proper cause is legally impermissibl....
The Magistrate can take cognizance of all offences in the police report without being bound by the Investigating Officer's conclusions, but cannot modify charges at the cognizance stage.
The Magistrate can take cognizance of a case independently of the conclusion arrived at by the investigating officer, based on the facts emerging from the investigation, as per the provisions of Sect....
Cognizance of offence on the basis of police report – For summoning persons upon taking cognizance of an offence, Magistrate has to examine materials available before him for coming to the conclusion....
Cognizance of an offence can only be taken once, and the process of summoning other persons involved in the crime is a part of the process of taking cognizance. The interpretation of Section 190 and ....
A Magistrate must provide clear reasoning when taking cognizance of offences against fewer accused than those charged, reinforcing the need for judicial transparency.
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