Search Results for Tag : Cognizance
News
Allahabad HC: Police Can Continue Investigation Even After Chargesheet Filed and Cognizance Taken(25.04.2022)
Allahabad High Court has observed that police have unfettered powers of investigation and such investigation can continue even after the charge sheet .....
Tags : Allahabad High Court, Investigation, Chargesheet, Cognizance
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Manipur HC: Cognizance Can't Be Taken for Offence u/s 188 IPC(08.04.2022)
Manipur High Court has held that Magistrate cannot take cognizance of a complaint which involves an offence punishable under Section 188 of the Indian.....
Tags : Manipur High Court, Magistrate, cognizance, Section 188 of the Indian Penal Code, 1860, public servant
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Orissa HC: Court Can Take Cognizance of Complaint on Notice Pursuant to Re-Presentation of Cheque(11.04.2022)
Orissa High Court has ruled that Court can take cognizance of a complaint for cheque bounce filed under Section 138 of the Negotiable Instruments Act,.....
Tags : Orissa High Court, cognizance, cheque bounce, Section 138 of the Negotiable Instruments Act, 1881, dishonour
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Karnataka HC: Can't Take Cognizance of Offences by Advocate Unless Sanctioned by Centre/State(13.05.2022)
Karnataka High Court has ruled that taking cognizance for offences committed by an advocate or notary is banned under Section 13 of the Notaries Act, .....
Tags : Karnataka High Court, Section 13, Notaries Act, 1952, charge sheet, cognizance
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Delhi HC Takes Cognizance of UAPA Against Activist Khurram Parvez & Others In Terror Funding Case(16.05.2022)
Delhi High Court took cognizance under Unlawful Activities (Prevention) Act (UAPA) and other offences against Kashmiri human rights activist Khurram P.....
Tags : Delhi High Court, Cognizance, Terror Funding Case
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Delhi HC: Supplementary Chargesheet Must Disclose Novel Evidence(14.06.2022)
Delhi High Court has held that where no new evidence has been discovered by the further investigation, any cognizance taken by the Magistrate may be s.....
Tags : Delhi High Court, Charge Sheet, Cognizance
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Allahabad HC: No Need to Pass Fully Reasoned Order if Cognizance is Taken on Police Report(21.07.2022)
Allahabad High Court has held that if cognizance has been taken on a police report, then there is no need to pass a fully reasoned order if from the p.....
Tags : Allahabad High Court, Police Report, Cognizance
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J&K&L HC: Changing Label of Offence Does Not Overcome Bar on Cognizance For Offence Under CrPC(26.08.2022)
Jammu and Kashmir and Ladakh High Court has held that merely by changing the label of the offence by making it one under Section 420 Indian Penal Code.....
Tags : Jammu and Kashmir and Ladakh High Court, Cognizance, labels
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CRIMINAL - Presence of Complainant Not Required to Take Cognizance in Dishonour of Cheque Case: Kerala HC(28.02.2019)
Kerala High Court has held that presence of complainant is not necessary to take cognizance of a cheque bouncing case under Section 138 of Negotiable .....
Tags : Kerela High Court, Cognizance in Dishonour of Cheque Case
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Supreme Court: Magistrate Cannot Order Further Investigation After Cognizance Has Been Taken(03.02.2017)
Supreme Court has held that Magistrate cannot order further investigation after cognizance has been taken, process has been issued and accused has ent.....
Tags : Supreme Court, Magistrate, Cognizance, investigation
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All. HC: Special Court Can Treat Application Filed U/S 156 (3) CrPC As A 'Complaint'(20.10.2022)
Allahabad High Court in a significant decision, has ruled that it is permissible for the Special Court designated under the SC/ST Act to take cognizan.....
Tags : Allahabad High Court, cognizance, complaint
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Allahabad HC Takes Suo Moto Cognizance of Missing Children of Couple Imprisoned for 5 Years(19.03.2021)
Allahabad High Court has taken suo moto cognizance of the plight of a couple, released from imprisonment 5 years after battling a false charge of murd.....
Tags : Allahabad High Court, Suo Moto Cognizance of Missing Children of Couple
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Kerala High Court: Cognizance to be Taken at Time of Rendering Judgment/ Final Order(25.06.2019)
Kerala High Court has observed that legitimate stage when the Court could take cognizance of offence of perjury invoking Section 344 of Code of Crimin.....
Tags : Kerala High Court, Cognizance
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Delhi HC Takes Suo Moto Cognizance of Mosquito Infestation, Rise of Vector Borne Diseases(26.05.2021)
Delhi High Court has taken suo moto cognizance of the issue of mosquito infestation and the rise of vector borne diseases amid Covid 19 pandemic after.....
Tags : Delhi High Court, Suo Moto Cognizance of Mosquito Infestation
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Raj HC: Judicial Officer Must Show Disagreement With Negative Final Report Before Taking Cognizance(17.04.2023)
Rajasthan High Court has held that where a detailed negative final report is submitted it becomes imperative upon the Judicial Officer to show his dis.....
Tags : Rajasthan High Court, Judicial Officer, Negative Final Report, Cognizance
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Bombay HC to Verify if Judge Authorised to Take Cognizance of Bhima Koregaon Case(07.07.2021)
Bombay High Court has said it would verify with the Registry if Additional Sessions Judge Kishor Vadane was a Special Judge under the National Investi.....
Tags : Bombay High Court, Cognizance of Bhima Koregaon Case
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Del. HC: Magistrates Taking Cognizance of Offences Can’t be a Routine Exercise(21.09.2023)
Delhi High Court while observing that if there is an order of magistrate taking cognizance of offence then the same would be perfunctory and not refle.....
Tags : Delhi High Court, Cognizance, Offence, Magistrate
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SC: Irregularity in Order Taking Cognizance Will Not Vitiate Criminal Proceedings(30.11.2021)
Supreme Court has held that an irregularity in the order taking cognizance will not vitiate the proceedings in a criminal trial in an appeal filed aga.....
Tags : Supreme Court, Irregularity in Order Taking Cognizance
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Tel. HC: If Clean Chit Given in Chargesheet, Magistrate Can’t Take Cognizance Based on SP’s Note(02.01.2024)
Telangana High Court has held that note of the Superintendent of Police (SP) on the charge sheet will not suffice for the magistrate to take cognizanc.....
Tags : Telangana High Court, Cognizance, Charge Sheet
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All. HC: Cognizance of Offence u/s 174A IPC to be Taken Only on Written Complaint of Concerned Court(10.01.2024)
Allahabad High Court has held that offence punishable under section 172 of IPC will be cognizable by the court only when a complaint in writing is fil.....
Tags : Allahabad High Court, Cognizance, Written Complaint, FIR
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Mad. HC: Magistrate Court Competent to Take Cognizance of Offence under MMDR Act(31.01.2024)
Madras High Court has observed that the Magistrate Court is competent to initiate confiscation proceedings and issue directions for disposal of seized.....
Tags : Madras High Court, Competent Court, Cognizance of Offence, MMDR Act
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Karnataka HC: Magistrate Can't Take Cognizance of Complaint Unless Filed By Appropriate Authority(02.03.2022)
Karnataka High Court has reiterated that the under section 28 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection).....
Tags : Karnataka High Court, Cognizance of Complaint
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Kerala HC Takes Suo Moto Cognizance to Monitor State Action During Lockdown(31.03.2020)
Kerala High Court has taken suo moto cognizance of reported incidents of police brutality against persons who are allegedly violating the national loc.....
Tags : Kerala HC, Suo Moto Cognizance
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Allahabad HC Takes Suo Moto Case on Assistance to Needy Advocates and Clerks Amid Lockdown(13.04.2020)
Allahabad High Court has taken suo moto cognizance of the issue of financially weak Advocates and registered Advocate Clerks, who are now on the verge.....
Tags : Allahabad High Court, Allahabad High Court has taken suo moto cognizance of the issue of financially weak Advocates and registered Advocate Clerks, who are now on the verge of starvation due to loss of Court work in face of the lockdown.
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Jharkhand HC Takes Suo Moto Cognizance of Non-Implementation of Lockdown Measures(16.04.2020)
Jharkhand High Court has taken suo moto cognizance of certain news reports on non-implementation of the lockdown measures in the State.
Tags : Jharkhand HC, Suo-Moto Cognizance
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Practice of ‘Rubber Stamp Cognizance’ Deprecated by Madras High Court(21.03.2024)
Madras HC has criticized District Judiciary for practicing rubber stamp cognizance and stated that if cognizance is taken through a rubber stamp cogni.....
Tags : Madras High Court, Rubber Stamp Cognizance, Violation
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Supreme Court: Central Government May Accord Sanction Even After Cognizance of Offence(09.03.2020)
Supreme Court has held that the Central Government may accord sanction under the proviso to Section 188 of Code of Criminal Procedure, 1973 even after.....
Tags : Supreme Court, Cognizance of Offence
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Judgments
Section 195(1)(b)(ii) of CrPC would be attracted only when offences enumerated therein committed with respect to document after it has been produced or given in evidence in a proceeding in any Court(03.11.2017)
Present appeal has been filed against judgment of High Court dismissing Petition which was filed by the Appellant questioning the judgment of Addition.....
Tags : Cognizance, Provision, Applicability
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Magistrate can exercise his discretion suo moto or on an application of any of parties(27.12.2017)
The Petitioners have filed present application under Section 482 of the Criminal Procedure Code, 1973 (CrPC) for quashing the impugned order passed by.....
Tags : Cognizance, Committal, Court of Session
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A cognizance can be quashed only when uncontroverted allegations made in F.I.R or complaint do not disclose commission of any offence(19.02.2018)
Present is an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) with a prayer to quash the criminal proceeding wherein the .....
Tags : Cognizance, Quashing of, Grant
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FIR can only be quashed in order to prevent abuse of process of law or to otherwise secure the ends of justice(17.10.2018)
In the instant petition filed under Section 561-A of Code of Criminal Procedure, 1973 (CrPC), the Petitioners seek quashment of FIR registered at Poli.....
Tags : FIR, Cognizance, Quashing of
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Mere fact of taking of cognizance in no way can be said to be "commencement of proceeding"(18.02.2019)
The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing the order passed by learned Sub-divis.....
Tags : Cognizance, Proceedings, Quashing of
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Magistrate is not bound by the conclusion drawn by the police officer(03.01.2019)
The State by means of present revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) has chall.....
Tags : Cognizance, Refusal, Validity
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Remedy available under Consumer Protection Act does not debar criminal action(14.03.2019)
Present petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 (CrPC) for quashment of impugned order whereby the applicati.....
Tags : Proceedings, Cognizance, Quashing of
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Order whereby cognizance of offence has been taken by the Magistrate should not be interfered with, unless it is perverse or based on no material(07.03.2019)
Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed by the Applicant with the request to quash the summoni.....
Tags : Cognizance, Proceedings, Final report
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Cognizance can be taken only on a complaint made by Appropriate Authority concerned(16.07.2019)
Present appeal arises out of judgment passed by the High Court by which the High Court has quashed the summoning order issued against the Respondents .....
Tags : Cognizance, Proceedings, Quashing of
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No Court could take cognizance of offence under Section 186 of IPC except on a complaint of a proper officer made under Section 195 of CrPC(01.07.2019)
Petitioner impugns order, whereby, charges have been framed against the Petitioners under Sections 186, 353 and 307 of Indian Penal Code, 1860 (IPC) r.....
Tags : Cognizance, Proceedings, Validity
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Court has to be prima facie satisfied that, there have been instances of domestic violence before issuing notice(22.01.2020)
Present appeal arises out of the impugned judgment passed by the High Court by which the High Court has dismissed the petition filed by the Appellants.....
Tags : Complaint, Cognizance, Jurisdiction
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An emoji is sent to express ones feeling about something, it cannot be treated as an overt act on others.(05.06.2018)
In facts of present case, all the Petitioners are working in BSNL Department and the Second Respondent/de-facto complainant is also in BSNL Department.....
Tags : Cognizance, FIR, Quashing of
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A Corporate Debtor would not be liable for any offence committed prior to commencement of CIRP and would not be prosecuted, if a resolution plan has been approved by Adjudicating Authority(13.03.2020)
The Petitioner has filed the present petition impugning an order, whereby the Trial Court had taken cognizance of the offences punishable under the Co.....
Tags : Complaint, Cognizance, Quashing of
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Where the police fails in its duty to register and investigate a cognizable offence, the aggrieved person may file a complaint before concerned Magistrate(19.04.2021)
The present petition has been preferred under Article 227 of the Constitution of India, 1950 read with Section 482 of Code of Criminal Procedure, 1973.....
Tags : FIR, Cognizance, Legality
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Sanction under Section 197 of CrPC is required to prosecute public servants, if alleged act committed is directly concerned with official duty(23.07.2021)
The Appellant, is the complainant in FIR registered under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (IPC) and Sections 3(1)(.....
Tags : Cognizance, Official duty, Sanction
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If there is no sanction, no cognizance of the complaint can be taken by trial Court and complaint cannot be proceeded further(19.07.2022)
The Petitioner has been arrayed as an accused in complaint case which has been filed against him as well as the company ASM Traxim Pvt Ltd. for violat.....
Tags : Charges, Cognizance, Legality
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If the special statute provides a different procedure, the provisions of the Cr. PC would not apply to the extent of inconsistency(07.07.2020)
By means of present petition filed under Section 397/401 read with Section 482 of Code of Criminal Procedure, 1973 (CrPC), the order taking cognizance.....
Tags : Dishonour, Cheque, Cognizance, Legality
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At stage of cognizance and summoning, merits of the case cannot be tested and it is impermissible for the Court to enter into the factual arena to adjudge the correctness of the allegations(21.09.2020)
Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) to quash the Charge Sheet in Case Crime registered.....
Tags : Cognizance, Proceedings, Quashing of
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Magistrate can order registration of FIR under Section 156(3) of CrPC for offences under Mines And Minerals Act as bar under Section 22 of MMDR Act is not attracted(03.12.2020)
Present appeals are against impugned common judgment and order of High Court dismissing the applications filed under Section 482 of Code of Criminal P.....
Tags : Cognizance, FIR, Quashing of
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Courts should be liberal in allowing third-party locus standi(12.04.2016)
Courts should be “liberal in allowing any third party” with a bona fide connection with the matter so long as it ‘advance[s] substantial justice’, the.....
Tags : Locus standi, cognizance, third party
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Sessions Judge is empowered to call for and examine record of any proceeding before any subordinate criminal court situated within its jurisdiction(23.02.2018)
Appellant filed a complaint before the jurisdictional police station under Sections 420, 467, 468, 471, 120B, 506 of Indian Penal Code, 1860 (IPC) and.....
Tags : Complaint, Cognizance, Remand order, Validity
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