AI Overview...
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Section 190 - Power to Magistrates to take cognizance of offences and initiation of criminal proceedings. The judgment clarifies that Section 190 grants Magistrates the authority to take cognizance of offences either upon a complaint or on their own knowledge, but this power must be exercised within the framework of the law. The courts have emphasized that Section 190 does not permit magistrates to bypass procedural safeguards or to exercise powers beyond those specified. For example, in one case, it was held that a special judge cannot invoke Section 190 to take cognizance unless explicitly authorized, and that such powers are limited to the scope of the section itself A. R. Antulay VS Ramdas Shrinivas Nayak - Supreme Court.
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Discretion in Summoning and Role of Evidence - The courts have underscored that the exercise of discretion under Section 190, particularly regarding summoning persons, must be based on the evidence available during trial. The decision to summon a person under Section 319 Cr.P.C. should depend on the evidence presented, and the conclusion of the trial does not affect the petitioner’s right to face trial Imran VS State of U. P. and Another - Allahabad.
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Limitations and Procedural Safeguards - Several judgments highlight that powers under Section 190 are subject to procedural limitations, and magistrates cannot exercise them arbitrarily. For instance, remand orders under certain sections cannot be passed before the submission of police reports, and cognizance cannot be taken in cases where the law prescribes specific procedures Rajesh Kumar Jalan VS State of Assam - Gauhati.
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Specific Contexts and Exceptions - The judgments also discuss specific statutory contexts, such as the Narcotic Drugs and Psychotropic Substances Act and Forest Conservation Act, where cognizance under Section 190 is subject to additional procedural requirements or restrictions. Courts have reiterated that cognizance should be taken in accordance with the statutory scheme and procedural safeguards State Of Punjab VS Makhan Chand - Supreme Court, B. L. DIWAKAR VS STATE OF KARNATAKA - Karnataka.
Analysis and Conclusion:
The overarching view from these judgments is that Section 190 of the Cr.P.C. confers a limited and procedural power to magistrates to take cognizance of offences. The courts emphasize that this power must be exercised judiciously, based on admissible evidence and within the boundaries of procedural law. Arbitrary or unwarranted invocation of Section 190 is not permissible, and magistrates must adhere to procedural safeguards to ensure fair trial rights. These principles uphold the rule of law and prevent misuse of the cognizance power Gopal Lal Sizuar VS State Of Bihar - Patna, Kesava Pillai VS Ahammed Kunju - Kerala, - Madras, Rajesh Kumar Jalan VS State of Assam - Gauhati, Imran VS State of U. P. and Another - Allahabad.
Search Results for "What does the Judgment Says about Section 190"
2010 0 Supreme(Pat) 1744 • India - Patna
RAKESH KUMAR
Procedure and the power under Section 319 of the Code of Criminal Procedure. ... - [Sections 147, 149, 323, 324/34 of the Indian Penal Code] - The court discussed the provisions of Section 362 of the Code of Criminal ... that the Magistrate's order for summoning the petitioner amounted to a review of an earlier order, which was impermissible under Section ... Learned counsel for the opposite party No. 2 has referred to paragraph-10 of Raghubansh Dubeys case (supra), which says that "when a Magistrate ta....
1962 0 Supreme(Ker) 346 • India - Kerala
P.T.RAMAN NAYAR
Civil Procedure Code, section 61 - Transfer of Property Act, section 53 - Civil Procedure Code, section 47 Fact of the Case ... Ratio Decidendi: The court held that the liability of the judgment-debtor under the decree could only be enforced against ... brought under Order XXI, rule 63 of the Code, concerning the attachment and sale of property originally belonging to a deceased judgment-debtor ... section. ... What can be attached under section 60 is the property of....
1943 0 Supreme(Mad) 256 • India - Madras
HORWILL
Jurisdiction - Indian Penal Code - Section 353 - Section 332 - Criminal Procedure Code - Section 190 - Section 191 Fact ... Issues: Jurisdiction of the Magistrate, application of Section 191, and the nature of the offence charged. ... of the Case: The petitioner was convicted under Section 353 of the Indian Penal Code for slapping a telegraph peon. ... A judgment of Pakenham Walsh, J., in Venkatasubba Rao v. ... a Magistrate could take cognizance o....
2017 0 Supreme(Gau) 1533 • India - Gauhati
RUMI KUMARI PHUKAN
Code of Criminal Procedure – Section 482 – Prevention of Corruption Act – Section 13(2) – Quashment of Order ... – By the petition under section 482, Cr.P.C. the petitioner prayed for quashing order passed by Chief Judicial Magistrate, Kamrup ... In para 35 of the aforesaid judgment it is held that “the remand orders under section 309(2) cannot be passed before submission of police report under section 173(2) on the basis of which alone the Magistrate can take cognizance under #HL_STAR....
2004 2 Supreme 497 • India - Supreme Court
B.N.SRIKRISHNA, K.G.BALAKRISHNAN
(ii) Narcotic Drugs and Psychotropic Substances Act, 1985-Section ... JUDGMENT ... Srikrishna, J. ... As to the circumstances when the provisions of Section 50 of the Act would apply, the issue is no longer res integra. A Constitution Bench of this Court in State of Punjab v. Baldev Singh, (1999) 6 SCC 172 at p. 190 [para 12] says this:- ... "12. ... -This appeal by the State of Punjab is directed against a judgment of the High Court of Punjab & Haryana acquitting the respondent of the....
2013 0 Supreme(All) 258 • India - Allahabad
SUDHIR KUMAR SAXENA
Section 319 Cr.P.C. - Summoning - [CRIMINAL PROCEDURE CODE] - [Section 319] Fact of the Case: An FIR was lodged against ... Ratio Decidendi: The court held that the discretion to summon a person under Section 319 Cr.P.C. should be exercised based ... evidence presented during the trial, and the conclusion of the trial did not affect the petitioner's right to face trial under Section ... In para 15 of the judgment, Hon'ble Court says that for the purpose of this case, it is not necess....
2021 0 Supreme(P&H) 1483 • India - Punjab and Haryana
G.S.SANDHAWALIA
HEADNOTE : [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY] Fact of the Case: A complaint was filed against ... ), Sukhdev Singh Dhindsa, Surinder Singh Shinda and Dr.Daljit Singh Cheema (petitioner No.1) on 20.02.2009 (Annexure P-7) under Sections ... , 1860 and impugned summoning order dated 04.11.2019 (Annexure P-19) passed by ACJM, Hoshiarpur summoning the petitioners under Sections ... On the facts of this case it is quite clear that the case does not fall within Section 190(1)(a) or #HL_STA....
2013 0 Supreme(Ker) 954 • India - Kerala
N.K.BALAKRISHNAN
Kerala Land Reforms Act, 1963, Section 106 - Transfer of Property Act, 1882 Section 107 , Civil Procedure Code, 1908, Order 47 - ... right to the lessee will not be included under the provision contained in T.P Act -Superior court has no authority to decide the judgment ... JUDGMENT : ... N.K. BALAKRISHNAN, J. ... 1. The defendants are the appellants. ... ... (3) Nothing contained in sub-section (1), sub-section (1A) and sub-section (2) shall apply to lands owned or ....
1984 0 Supreme(SC) 44 • India - Supreme Court
A.P.SEN, D.A.DESAI, O.CHHINNAPPA REDDY, R.S.PATHAK, V.BALAKRISHNA ERADI
190 Criminal Procedure Code-Special Judge cannot take recourse to Section 190 Criminal Procedure Code which grants powers of cognizance ... (Para 14) ... Further held Section 8(1) says that the special Judge shall ... 190 Criminal Procedure Code? ... JUDGMENT ... D. A. ... We must frankly say that we find nothing in this judgment even remotely to bear out the submission. Section 5-A is a safeguard against investigation by Police Of....
1999 0 Supreme(Kar) 538 • India - Karnataka
B.K.SANGALAD
of Trees Act, 1976-Section 8-Forest (Conservation) Act, 1980-Section 3A-Complaint for offence of encroachment of forest-Joint Director ... Code of Criminal Procedure, 1973-Sections 190 and 482-Karnataka Forests Act, 1963-Sections 24(g), (h) and 73(d), Karnataka Preservation ... of Land Records being a competent authority says that there was no encroachment of forest-as such taking cognizance by the Magistrate ... ... ( 14 ) SECTION 468, Cr. P. ... Likewise, for the o....
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