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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR, J
Dorothi Manimuthu – Appellant
Versus
State of Tamil Nadu rep. by the Inspector of Police, District Crime Branch, Thoothukudi – Respondent
ORDER :
(K. MURALI SHANKAR, J.)
The Criminal Revision Case is directed against the order dated 25.09.2024, taking cognizance of the case in CC.No.553/2024 on the file of the Court of the Judicial Magistrate No.IV, Tuticorin.
2. On the basis of the complaint lodged by the petitioner, an FIR came to be registered in Cr.No.23/2021 on 11.08.2021 against the fifteen (15) persons for the alleged offences under Sections 120 (B), 417, 420, 466, 468, 471 , 166 (A) & 34 of IPC .
3. The Respondent-Police after completing the investigation has filed a final report, against thirteen (13) persons for the alleged offences under Sections 120 (B), 417, 420, 466, 468, 471 , 166 (A) & 34 of IPC . The Respondent Police in the final report has deleted the Accused Nos. 1,4,8,9,10,11,12 and 14 shown in the FIR but included six (6) other accused who were not named in the FIR.
4. The learned Judicial Magistrate, after receipt of the final report sent a notice dated 22.08.2024 to the petitioner/de-facto complainant, calling upon him to offer his objections with regard to the deletion and inclusion of the accused, and directed him to appear on 06.09.2024.
5. It is evident from the records that the learned Judicial
Judicial cognizance must involve application of mind and cannot be a mechanical process; failure to consider objections renders the order invalid.
The central legal point established in the judgment is the judicial discretion of the Magistrate in accepting or rejecting the final report under Section 173 of the Code of Criminal Procedure, emphas....
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.
A Magistrate must provide clear reasons when disagreeing with a negative Final Report, and failing to do so renders the order unsustainable.
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....
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