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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manju Rani Chauhan,J.
Jitendra – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. The applicants have preferred instant application under Section 482 Cr.P.C. challenging the charge sheet dated 10.04.2024, cognizance order dated 19.07.2024 passed by Chief Judicial Magistrate, Mathura and proceedings of Criminal Case No. 63822 of 2024, [State v. Jitendra and others]arising out of Case Crime No. 402 of 2023, under Section 494 and 120-B IPC, Police Station Jait, District Mathura.
2. Brief facts of the case are that a first information report, [FIR] was lodged by opposite party no. 2 on 30.09.2023 against 10 named persons including the applicants, under Sections 494 and 120-B IPC, alleging therein that marriage of applicant no. 1 was solemnized with opposite party no. 2 on 10.11.2016, according to Hindu rites and rituals. Later, without obtaining divorce from opposite party no. 2, applicant no. 1 has again solemnized his second marriage on 27.12.2022 with one Smt. Anju at District Ballabhgarh, Haryana. The applicant no. 6 was mediator in the aforesaid second marriage as performed by applicant no. 1 with Anju. After investigation, a charge sheet was submitted on 10.04.2024 and the court concerned has taken cognizance by order dated 19
Cognizance of offences under Chapter-XX IPC requires a complaint from an aggrieved person; charge sheets based solely on police reports are invalid.
The trial following an invalid investigation does not vitiate the result unless miscarriage of justice has been caused.
The investigation of non-cognizable offences without the order of a Magistrate is illegal and cannot be cured. The impugned FIR must disclose a cognizable offence to justify an investigation by the p....
A Magistrate must provide a reasoned order when taking cognizance of offences, ensuring specific allegations are made against accused, particularly in matrimonial cases.
Cognizance of offences under Chapter XX of IPC, such as Section 494, requires a complaint from the aggrieved party, and police reports cannot be treated as complaints for the purpose of taking cogniz....
The central legal point established in the judgment is that the initiation of a criminal proceeding requires the Magistrate to apply judicial mind to the facts mentioned in the complaint, and the fai....
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....
A Magistrate cannot revert to the pre-cognizance stage after taking cognizance of a complaint, making the order to register an FIR legally untenable.
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