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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Bichitra Pradhan – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. cognizance challenges in criminal proceedings. (Para 1 , 2) |
| 2. arguments regarding subsequent cognizance. (Para 3 , 4) |
| 3. conclusion on unsustainable cognizance. (Para 5 , 11) |
| 4. magistrate's duty in taking cognizance. (Para 6 , 8 , 9 , 10) |
| 5. right to object against investigation results. (Para 7) |
JUDGMENT :
1. This application U/S. 482 of the code of criminal procedure, 1973 (in short the “Code”) by the Petitioners seeks to challenge the order passed on 16.05.2022 by learned JMFC, Rajnagar, Kendrapara in 1CC Case No. 6 of 2022 taking cognizance of offences punishable U/Ss. 498- A/294/323/313/328/417/506/34 of IPC read with Section 4 DP Act.
3. Mr. D.K. Sahoo, learned counsel for the Petitioners has submitted that law is very well settled that cognizance of offence can be taken once in a case, but not twice and, thereby, the impugned order passed by the learned NGN-cum-JMFC, Rajnagar, Kendrapara being unsustainable in the eye of law is required to be set aside.
5. Be it noted, the matter was earlier heard by this Court, but today the same was listed under the heading of “to be mentioned” on being mentioned by learned counsel for OP No. 2 to further argue the matter.
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Cognizance of an offence in a criminal case can only be taken once; a Magistrate misapplying this principle during subsequent cognizance is legally unsustainable.
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....
Powers to Investigate - Section 156(3) occurs in Chapter XII, under the caption : “Information to the Police and their powers to investigate. The power to order police investigation under Section 156....
Cognizance of an offence can only be taken once, and the Sessions Court can take cognizance of uncharged accused based on available evidence.
Cognizance of offences cannot be revisited after an initial order, unless new evidence emerges, upholding the procedural integrity of prior judicial findings.
Point of law: Cheating – Cognizance of offence - Once the learned Magistrate proceeded to record the sworn statement on the basis of the protest petition that itself is taking of the cognizance
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.
The word “cognizance” has not been defined under Cr.P.C. To unveil the legal quandary, a brief survey of 'Cognizance' would illuminate everything, clearing all concepts, therefore, this Court is refe....
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