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Does Revision Lie Against Cognizance Not Taken Order?
In criminal law practice, a frequent question arises: Whether Revision Lies against Cognizance Not Taken Order? This issue often surfaces when a Magistrate accepts a police 'B' summary report (indicating no case) or refuses to take cognizance of an offence, leaving complainants wondering if they can challenge it via revision under Section 397 CrPC. Understanding this is crucial for lawyers, accused persons, and complainants navigating the criminal justice system.
This post analyzes key judicial precedents, explains the legal framework under CrPC, and provides practical guidance. Note: This is general information based on case law; consult a legal expert for case-specific advice, as outcomes depend on facts.
Understanding Cognizance and Its Refusal
Cognizance under Section 190 CrPC means a Magistrate judicially applies mind to facts disclosed in a complaint, police report, or other information to determine if an offence appears committed. If cognizance is not taken, no formal criminal proceedings begin—no summons, no trial.
Common scenarios:
- Acceptance of 'B' Summary Report: Police investigate, find no offence, submit 'B' report (false complaint or civil dispute). Magistrate accepts it, closing the matter without cognizance. BASAPPA VS STATE OF KARNATAKA - 1987 Supreme(Kar) 42
- Dismissal under Section 203 CrPC: After inquiry, Magistrate finds no sufficient ground, refuses cognizance.
- No prima facie case: Materials don't disclose offence.
Key principle: No cognizance = no institution of criminal proceedings under Section 2(d) CrPC. BASAPPA VS STATE OF KARNATAKA - 1987 Supreme(Kar) 42
Legal Framework: Revision Under Section 397 CrPC
Section 397 CrPC allows revision against orders by subordinate courts to check jurisdictional errors or irregularities. But Section 397(2) bars revision against interlocutory orders.
Is 'No Cognizance Order' Revisable?
Courts consistently hold: No revision lies against acceptance of 'B' summary or refusal to take cognizance. Reasons:
- No criminal proceedings instituted: 'The revision lies against the order passed in criminal proceedings... On such acceptance of the B report he having not taken cognizance, no criminal proceedings would be said to be instituted.' BASAPPA VS STATE OF KARNATAKA - 1987 Supreme(Kar) 42 Basappas VS State of Karnataka
- Sessions Judge lacks jurisdiction: Without pending proceedings, revision isn't maintainable. BASAPPA VS STATE OF KARNATAKA - 1987 Supreme(Kar) 42
Magistrate's options on 'B' report:
1. Accept and drop action.
2. Direct further investigation.
3. Take cognizance on the report itself.
If accepted, complainant must file fresh complaint under Section 200 CrPC. BASAPPA VS STATE OF KARNATAKA - 1987 Supreme(Kar) 42
Judicial Precedents on Maintainability
1. B-Summary Acceptance Not Revisable
When on investigation, the police submit B summary report... three courses are open to the Magistrate... Where the Magistrate accepts the B summary report the only course left... is to drop all further action. Sessions Judge can't direct reconsideration. BASAPPA VS STATE OF KARNATAKA - 1987 Supreme(Kar) 42 Basappas VS State of Karnataka
2. Interlocutory Nature Bars Revision
Orders like Section 156(3) directing FIR registration (pre-cognizance) are interlocutory, barring revision under Section 397(2). An order under Section 156(3) Cr.P.C. directing the police to register an FIR is not subject to revision if no cognizance or process has been issued. Nahni vs State of U.P. - 2025 Supreme(All) 3650
3. Post-Cognizance Changes Not Allowed
Once cognizance taken on charge-sheet, Magistrate can't convert to complaint case. Further investigation is police's domain. Rashmi Sundrani VS State of U. P. - 2024 Supreme(All) 2127
4. Cognizance of Offence, Not Offender
Cognizance is taken of offence and not of offender. Magistrate can add accused post-cognizance on record perusal, but pre-cognizance refusal isn't revisable. Baijnath VS State of M. P. - 1978 Supreme(MP) 764
Exceptions and Alternative Remedies
While revision typically doesn't lie, options exist:
- Fresh Complaint (Section 200 CrPC): Complainant can file directly; Magistrate must examine.
- High Court's Inherent Powers (Section 482 CrPC): In rare cases of abuse, but not routine. Existence of statutory remedy weighs against it. Kaisar Jaha VS S. P. , Distt. Sultanpur - 2024 Supreme(All) 1465
- Protest Petition: Treated as complaint if 'B' report accepted.
- Article 227 (Superintendence): Limited, not substitute for revision.
Caution: High Court won't enter disputed facts or quash pre-cognizance. Central Bureau of Investigation VS Arvind Khanna - 2019 Supreme(SC) 1152
| Scenario | Revision Maintainable? | Alternative Remedy |
|----------|-------------------------|---------------------|
| B-Summary Accepted | No BASAPPA VS STATE OF KARNATAKA - 1987 Supreme(Kar) 42 | Fresh Complaint S.200 |
| S.156(3) FIR Order | No (Interlocutory) Nahni vs State of U.P. - 2025 Supreme(All) 3650 | After Cognizance |
| Post-Cognizance Summoning | Yes, if irregular | Revision/482 CrPC |
| No Prima Facie Case | Generally No | Fresh Complaint |
Practical Implications for Litigants
- Complainants: Don't file revision immediately—opt for fresh complaint to avoid dismissal.
- Accused: If cognizance taken erroneously, challenge via 482 CrPC quashing.
- Timeline: Revisions barred, but delays in fresh complaints risk limitation.
The revision lies against the order passed in criminal proceedings. There being no order passed by the Magistrate in criminal proceedings-pending before him, the Sessions Judge had no jurisdiction. BASAPPA VS STATE OF KARNATAKA - 1987 Supreme(Kar) 42
Related Contexts from Case Law
- Quashing Cognizance: Possible under 482 if biased (e.g., Magistrate in own case). Kailas Tewari VS State Of Bihar - 1978 Supreme(Pat) 194
- Appeal vs Revision: Post-acquittal, check if on complaint (appeal) or police report (revision). Sahodari Sonar VS Kailash Ram Teli - 1967 Supreme(Gau) 19 CHEERAN SANKARAN VS NARAYANAN RAJAPPAN - 1966 Supreme(Ker) 127
- Summoning Orders: Revisable if mechanical, no prima facie case. BRAHMADEEN VS STATE OF U. P. - 2012 Supreme(All) 1781
Key Takeaways
- Generally, no: Revision doesn't lie against orders refusing cognizance or accepting B-summary, as no proceedings start. BASAPPA VS STATE OF KARNATAKA - 1987 Supreme(Kar) 42
- Interlocutory Bar: Section 397(2) reinforces this.
- Remedy: File fresh complaint under Section 200.
- High Court Relief: Sparingly under 482 for grave injustice.
- Strategic Tip: Assess if cognizance deemed taken; revision may lie then.
In sum, revision against cognizance not taken order is typically not maintainable, promoting efficient justice by channeling cases properly. Always verify facts with counsel.
Disclaimer: This post summarizes precedents like BASAPPA VS STATE OF KARNATAKA - 1987 Supreme(Kar) 42, Nahni vs State of U.P. - 2025 Supreme(All) 3650, etc. It is not legal advice. Laws evolve; court rulings vary by facts. Seek professional guidance.
Search Results for "Does Revision Lie Against No Cognizance Order?"
2012 7 Supreme 1 • India - Supreme Court
R.M.LODHA, SUDHANSU JYOTI MUKHOPADHAYA, ANIL R.DAVE
be exercised as against the express bar of law. ... the case: ... The crucial issue in this case is the applicability ... offence - Two different things - By quashing a proceeding Court does not convert a non-compoundable offence into a compoundable ... or taking cognizance and therefore quashing would amount to taking away the order of cognizance passed by the Magistrate. ... power of....
1980 0 Supreme(SC) 279 • India - Supreme Court
A. C. GUPTA, N. L. UNTWALIA, P. N. BHAGWATI, R. S. SARKARIA, Y. V. CHANDRACHUD
very similar if not identical to that case – Held, Court have had advantage of reading careful judgment prepared by my learned brother ... extinguished by imposition of death sentence - Order Accordingly. ... as it provides for imposition of death penalty as an alternative to life sentence is ultra vires and void as being violative of ... of whether it is a deterrent or #HL_START....
1977 0 Supreme(SC) 318 • India - Supreme Court
D.A.DESAI, N.L.UNTWALIA, P.K.GOSWAMI
In our opinion whether the type of the order aforesaid would be a final order or not, surely it will not be an interlocutory order ... that an order of High Court setting aside an ex parte decree in suit and restoring suit to the file of the trial Court is not a ... Public Prosecutor filed a complaint in the Court#HL....
1988 0 Supreme(SC) 337 • India - Supreme Court
B.C.RAY, G.L.OZA, M.N.VENKATACHALIAH, RANGANATH MISRA, S.NATARAJAN, S.RANGANATHAN, SABYASACHI MUKHARJEE
Objection was overruled, the revision petition filed against the order was dismissed. Appellant filed Special Leave Petition. ... The importance of this consideration should not be overlooked in assessing the situation as to whether the direction of this Court ... Prevention of Corruption Act of which the Special Judge took cognizance. ... against cognizance bei....
1973 0 Supreme(SC) 163 • India - Supreme Court
S. M. SIKRI, J. M. SHELAT, K. S. HEGDE, A. N. GROVER, A. N. RAY, P. JAGANMOHAN REDDY, D. G. PALEKAR, H. R. KHANNA, K. K. MATHEW, M. H. BEG, S. N. DWIVEDI, A. K. MUKHERJEA, Y. V. CHANDRACHUD
' and 'revision'. ... it the same as revision. ... Jefferson even pleaded for revision or opportunity for revision of constitution every nineteen years.
2025 0 Supreme(All) 3650 • India - HIGH COURT OF JUDICATURE AT ALLAHABAD
CHAWAN PRAKASH
no cognizance has been taken. ... directing the police to register an FIR is not subject to revision if no cognizance or process has been issued against the accused ... ... ... Issues: The main issues included whether an individual can seek revision of an order allowing police to register an FIR when ... of a person against whom neither cognizance has been taken nor any process....
2024 0 Supreme(All) 2127 • India - Allahabad
ANISH KUMAR GUPTA
the order treating the case as a complaint after cognizance was taken on the charge-sheet. ... Magistrate after cognizance has been taken. ... (Paras 44, 48) ... ... Issues: The main issue was whether the Magistrate could treat a case as ... The sole question involved in the instant proceedings is whether the Magistrate, who has already taken cognizance against some of ... The petition under Article 227 has been ....
1967 0 Supreme(Gau) 19 • India - Gauhati
C.JAGANNADHACHARYULU
Whether the Magistrate had taken cognizance of the case on the private complaint or on the police charge sheet. 3. ... Whether the court could review its previous order dismissing the revision petition.Ratio Decidendi: 1. ... P.C., and not a revision petition. ... case on the private complaint filed by the appellant or whether he took cognizance of the case on the charge sheet filed#HL_E....
1987 0 Supreme(Kar) 42 • India - Karnataka
M.S.PATIL
The revision lies against the order passed in criminal proceedings. ... B summary report afresh Petition against - Whether revision against acceptance of “B" Summary report was entertain able? ... On such acceptance of the B report he having not taken cognizance, no criminal proceedings would be said to be instituted. ... ... ( 4 ) THE revision lies a....
• India - Crimes
M.S.PATIL
The revision lies against the order passed in criminal proceedings. ... consider 'B' summary report afresh Petition against - Whether revision against acceptance of “B" Summary report was entertain able ... On such acceptance of the 'B' report he having not taken cognizance, no criminal proceedings would be said to be instituted. ... The revision lies ....
1978 0 Supreme(Pat) 194 • India - Patna
S.SHAMSUL HASAN
By the above order after perusing the complaint and the order-sheet of the complaint case no.87-C/76 including his own order, dated 21.4.1976 he took cognizane of the offences under Sec.211 of the Indian Penal code and Rule 43 of the Defence of India Rules and issued non-bailable warrant of arrest against ... I have, therefore, no hesitation in holding that the cognizance taken is fit to be quashed and the consequent trial will be illegal and void. In this view of he matter the order t....
• India - Madras High Court - Madurai Bench of Madras High Court
on cognizane in C.C.No. 64 of 2022. ... summon has been issued to the petitiner or not. ... ORDER : The Court made the following order :- < ... ">stating that summon has been issued to the accused person since case has been taken ... span style="font-family:CourierNewPSMT,serif;font-size:13pt">No.I, Thoothukudi, was directed to inform the court as to the stage of the process whether
• India - High Court of Karnataka
PRAYING TO QUASH AND SET-ASIDE THE ORDER DATED 26.9.2014 IN CC NO.656/2014 (IN CC NO.146/2001) WHEREBY JMFC, SAUNDATTI HAS TAKEN COGNIZANE FOR THE OFFENCE PUNISHABLE UNDER SECTION 220 OF IPC AND ALL FURTHER PROCEEDINGS ... In view of the above order, IA No.1/2018 is also dismissed as not surviving for consideration. ... THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: 2 ORDER </span
2018 Supreme(Online)(KER) 7059 • India - Kerala
The order taking cognizane is liable to be quashed. In the result, this Crl.M.C. is disposed of as follows. The order taking cognizance is quashed. The learned Magistrate is directed to return the final report with instructions to file it before the competent court. ... The competent court may decide whether the facts of the case are sufficient to take cognizance of the offences. ... ORDER Petitioners are accused Nos.5 and 7 in C.C. No.634 of 2016 on the file of the Judicial Magistrate of ....
• India - High Court of Jammu and Kashmir - Jammu Wing
This revision petition has been filed against the order dated 19.02.2018 ... P.C. which provides that no Court shall taken cognizance of offences unless upon the complaint made by order of, or under authority from the 5. ... No Court shall take cognizane of any offence punishable in this case is whether the said communication dated 05.07.2017, which has <p style="position:absolute;white-space
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