- In Jagveer vs State of UP and ors. the Hon’ble Allahabad HC has held that once a Magistrate has taken cognizance of offences, it has no power to review its own order for dropping sections from the cognizance order.
- In the instant case, an FIR was registered against the petitioner/accused for offences under sections 147, 323, 324, 504 and 506 IPC and during the investigation, section 308 IPC was also added. The police submitted the chargesheet for offences under sections 147, 323, 324, 325, 308, 504 and 506 IPC in the Court of CJM, Saharanpur and on this the Court took cognizance.
- The accused later moved an application before the Magistrate alleging that no case was made out under section 308 IPC and hence the cognizance which was taken under the same be withdrawn. The application was rejected by the CJM, Saharanpur, and the same rejection was upheld by the Sessions Judge in revision. Hence, the present appeal was moved before the Hon’ble HC under Article 227.
- It was argued that none of the injuries inflicted on the victim were life threatening, still the Magistrate had taken cognizance under section 308 IPC, among others.
- At the outset, the Hon’ble Court observed that the scope of judicial review granted by Article 227 of the Constitution is very limited. The power under Article 227 of the Constitution does not vest the HC with any unlimited prerogative to correct all the wrong decisions made within the limits of the jurisdiction of the Court or Tribunal.
- The Court relied on the decision of the Apex Court in DN Banerji vs PR Mukherjee AIR 1953 SC wherein the Court had held that unless there was any grave miscarriage of justice or a flagrant violation of the law calling for intervention, it is not for the HC under articles 226 and 227 of the Constitution to interfere.
- In Waryam Singh and anr vs Amarnath and anr AIR 1954 SC the Apex Court had observed that the power of superintendence conferred by Article 227 is to be exercised sparingly and only in appropriate cases in order to keep the subordinate Courts within the limits of their authority, and not for correcting mere errors.
- Thus, the Court observed that once the Court has taken cognizance for offences, it has no power to review its own order for dropping some sections from the same.
- Thus, holding that the Court in exercise of the power under Article 227 of the Constitution cannot re-appreciate the evidence and draw conclusions on its own, and dismissed the petition.
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