Back
Badri Prasad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri S.S. Chauhan, learned counsel for the applicants and Sri Vinod Kant, learned Additional Advocate General, appearing alongwith Sri Pankaj Saxena, learned Additional Government Advocate-I for the State-opposite party.
2. The present application under Section 482 CrPC has been filed seeking quashing of the charge-sheet dated 20.11.2020 in Case Crime No. 402/2020 under Sections 324, 323 and 504 Indian Penal Code Police Station Bhojipura, District Bareilly pending in the court of Additional Chief Judicial Magistrate, Bareilly with a further prayer to stay the proceedings of the aforesaid case.
3. The principal ground which is sought to be urged for seeking quashing of the proceedings is that the order dated 19.02.2021 passed by the Magistrate taking cognizance is without application of mind and has been passed mechanically without assigning any detailed reasons. It has been further argued that as per the FIR version, the weapon used in commission of offence could not be described to be a “dangerous weapon” so as to constitute an offence under Section 324 IPC and this aspect of the matter having not been examined by the Magistrate while taking cognizance of the charg
Point of Law : Magistrate is not required to pass a detailed and reasoned order at the time of taking cognizance on a charge-sheet; however, in the facts of the case, the Court took the view that sin....
Section 192 Cr.P.C deals with making over of cases to Magistrates by Chief Judicial Magistrate after taking cognizance of an offence.
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....
At the stage of taking cognizance and issuing process, the Magistrate is only required to see the sufficiency of the material for proceeding further, not to meticulously examine the evidence. The cou....
A Magistrate lacks authority to conduct preliminary inquiries or investigations under Section 190, and must adhere strictly to the procedural mandates of the Criminal Procedure Code.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
