Cognizance of Offence

Guest (Querist) 01 April 2010 This query is : Resolved
Police submitted charge sheet under section 323, 341 IPC against accused A. Cognizance has been taken by the Magistrate in same sections. After that police submitted a medical report , in that report the injury on head was grevious in nature and the medical board opined that injury was dangerous to life. Magistrate again took cognizance under section 307 IPC and commit to the sessions court. pls guide me and kindly send S.C. judgments in this regard. Thanks

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Raj Kumar Makkad (Expert) 01 April 2010
What illegality you smell in this general procedure?

Magistrate has done as per procedure similar to the police authorities. Medical opinion at some later stage can also be sought and subsequent charge-sheet/challan can be put up as has been done in the present case.

On which point you require citation?

Guest (Querist) 01 April 2010
i am agree Raj ji.... but once the charge sheet has been submitted and cognizance taken.... then subsequently whenther again cognizance can be taken ?? tomarrow matter is listed for arguements in CR,R.

adv. rajeev ( rajoo ) (Expert) 02 April 2010
Later stage medical report is received so magistrate on the basis of the medical report he may take the cognizance by mentioning it the development of the case in the order sheet

Raj Kumar Makkad (Expert) 02 April 2010
Ajitabh! Such cognizance can be made at any stage of trial.

Guest (Querist) 02 April 2010
ok. Thanks to all.

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