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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Anjali Singh W/o Rakesh Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding arising out of Korra P.S. Case No.38 of 2019 corresponding to G.R. Case No.444 of 2020 including the order taking cognizance dated 04.02.2021 passed by learned Additional Chief Judicial Magistrate, Hazaribagh whereby and where under the learned Additional Chief Judicial Magistrate, Hazaribagh has taken cognizance for the offences punishable under Sections 452/34 of the Indian Penal Code against the petitioners.
3. This is the second journey of the petitioners with the self-same prayer. Earlier the petitioners filed Cr.M.P. No.2669 of 2020 and the case was remitted since the co-ordinate bench was of the view that the learned Court has taken cognizance in a mechanical manner and set aside the same and directed the concerned Court to pass a fresh order in accordance with law. Accordingly, the learned Additional Chief Judicial Magistrate, Hazaribagh passed an order in compliance with the said order passed by the co-ordi
The court affirmed that a Magistrate taking cognizance based on a police report is not required to record reasons, provided sufficient grounds are established for proceeding with the case.
The Magistrate cannot add or subtract charges at the cognizance stage in a case based on police reports; such amendments are only proper during the framing of charges.
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....
A Magistrate must provide clear reasoning when taking cognizance of offences against fewer accused than those charged, reinforcing the need for judicial transparency.
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.
Right of Complainant to file petition under Section 200 Cr.P.C. is not taken away even if Magistrate concerned does not direct that such a Protest Petition be treated as a complaint.
The delayed filing of the police report beyond the period of limitation can disempower the court from assuming jurisdiction and cognizance.
Once a Magistrate takes cognizance of an offense, he cannot revert to pre-cognizance stages, preventing subsequent orders for FIR registration.
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