N.K.Assumi (Advocate) 12 February 2009

Pre cognizance stage and post cognizance stage of police investigation by the Magistrate

What is the difference in pre Cognizance and post Cognizance stage of Police investigations by the Magistrate?

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5 Replies

K.C.Suresh (Advocate) 13 February 2009

Pre cogniznace is before the filing of the final report u/s 173 crpc and sending process. The rest is post cognizance.

N.K.Assumi (Advocate) 13 February 2009

Thank you Sureshji.

ashok kumar (advocate) 16 February 2009

all the process earlier to summoning is pre cognizance while rest is post cognizance

ashok kumar (advocate) 16 February 2009

WHETHER THE ORDER OF REINVESTIGATION MADE BY THE MAGISTRATE CAN BE CHALLENGED BEFORE HIGH COURT OR IN REVISION BEFORE SESSION JUDGE AFTER SUMMONS ARE ISSUED AND COGNIZANCE OF THE MATTER IS TAKEN BY THE MAGISTRATE?

PALNITKAR V.V. (Lawyer) 17 February 2009

If summons is issued after reinvestigation you may approach the Sessions Court in revision against the order of issue of process. But if you want to challenge the reinvestigation order itself, you should approach High Court.