cognizance
Ladhu Ram Chowdhary
(Querist) 15 October 2008
This query is : Resolved
Cr.P.C.(2 of 1974),Ss. 190(1)(b),319-congnizance of offence -Attack on house of informant by 7 named accused persons alleged -Inmates were assaulted and jewellery box removed -FIR lodged-I.O. had submitted charge sheet only against two accused,investigation shown as pending against other two and three accused were exonerated-Howrver,CJM took cognizance on finding of prima facia material against exonerated petitioners also under S.190(1)Cr.P.C.-CJM can debarred from taking cognizance of offence on basis of material placed before him ?
deepak kumar
(Expert) 15 October 2008
the CJM cannot be debarred from taking cognizance of offense on the basis of materials placed before him. He has the right to accept or disagree with the police report and he had acted accordingly. There is no illegality.
ARVIND JAIN
(Expert) 15 October 2008
CJM IS RIGHT.IF YOU DONT AGREE FILE A REVISION.
anonymus
(Expert) 15 October 2008
S the cjm or even the sessions court can issue summons to persons not added as accused while taking cognizance under sec 193 crpc.pls refer to "(2004)13 SCC 9 [larger bench]
DHARAM PAL & Ors Vs STATE OF HARYANA & Anr" and also "1995 SCC(Crl) 306
NISAR & Anr Vs STATE OF UTTRA PRADESH"
