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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 :
G. Satapathy, J.
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.
2. It appears from the record that pursuant to an FIR, Rajnagar PS Case No. 283 of 2021 was registered against the Petitioners for commission of offences punishable U/Ss. 498-A/294/323/307/417/ 506/34 of IPC read with Section 4 DP Act and the matter was accordingly investigated into, resulting in submission of charge-sheet against the Petitioners for offences punishable U/Ss. 498-A/294/323/506/ 406/34 of read with Section 4 DP Act. Accordingly, cognizance was taken for aforesaid charge sheet offences and the
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
Cognizance of offences by Magistrate requires a speaking order, reflecting consideration of all relevant materials.
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.
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