Sushil Kumar Bhatia (Advocate) 09 December 2008
K.C.Suresh (Advocate) 10 December 2008
Applying mind is taking cognizance. Two views are posiible. 1. before framing charge. 2. before sending summons to accused. Courts are taking the latter view.
Ajay kumar singh (Advocate) 11 December 2008
Dear Bhatia, your query appears to be related with civil suit. In civil suits the court has to apply its mind at the time of admitting the plaint.This is the stage when the court can reject the plaint.Please refer to Order vii Rule11 C.P.C.