cognizance Archives

Interpreting S.468(3) CrPC in a way which considers relevant offences as one where summons is issued leads to absurdity; Delhi HC dismisses petition to quash complaint

“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 473¹ of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”

Case Briefs High Courts

Allahabad High Court asks Trial Courts to not issue certified copies of statements under S. 164 CrPC to any person till cognizance is taken

Allahabad High Court directed the Investigating Officers not to supply a copy of the statements recorded under Section 164 CrPC to any person during investigation.

Experts Corner Justice Hemant Gupta

The Preceding Judgment of the Civil or the Criminal Court and its Relevancy in Other Proceedings

by Justice Hemant Gupta†

Case Briefs High Courts

Tragic death of 8-year-old prompts Allahabad High Court to take suo motu cognizance of open manholes and ducts around Lucknow

Allahabad High Court: In a suo motu cognizance of the issue of open manholes and ducts within the municipal limits of Lucknow,

Case Briefs High Courts

No form of mediation permissible in POCSO cases; Delhi High Court denies relief to father in POCSO case due to delay, child’s best interests

Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.

Case Briefs High Courts

Delhi HC refuses to mandate criminal courts to issue notice to complainant/victim at pre-trial stage, says ‘such direction likely to work against objective of expeditious trials’

“The petitioner’s suggestion that it should be made mandatory for the Criminal Court to issue a notice to the complainant/victim at every stage of the pre-trial and trial in criminal proceedings, if accepted would act as ‘a treatment worse than the disease’.”

Case Briefs High Courts

Court barred from taking cognizance of defamation on police report, it can only be taken on complaint filed by aggrieved party: Delhi High Court

“It is also the case of complainant that the accused persons including the petitioner had been defaming the complaint regularly through social media and the social media posts of the alleged incidents are even available on internet till date.”

Case Briefs High Courts

Delhi High Court directs issuance of guidelines to address non-compliance of Section 195 of CrPC

“The concerned public servant should have prepared a complaint under Section 195 CrPC and the same should have been filed before the Magistrate or the same could have been forwarded along with the chargesheet to the concerned Court.”

Case Briefs High Courts

Inherent powers of High Court are well defined: Allahabad High Court refuses to quash case against man accused of posting Lord Hanuman’s disrespectable picture

Allahabad High Court reiterated that at the stage of taking cognizance, the Court should not get in the merits of the case, and at such stage, the Court’s power is limited.

Case Briefs District Court

“Facts and Circumstances of the case raise ‘serious suspicion’ about commission of offence”; Rohini Court takes cognizance of murder case

The Court observed that the suspect took two different stands distinct from each other, when he initially denied any conversation with the deceased after evening on the day he went missing, and then he disclosed the event of deceased slipping into the canal.

Case Briefs High Courts

In case of prima facie involvement, summon can be issued even in absence of name in police report or FIR: Allahabad HC reiterates

Allahabad High Court said that the Magistrate is not bound in such a situation to follow the procedure laid down in Sections 200 and 202 of CrPC for taking cognizance of a case under Section 190(1)(a), though, it is open to him to act under Section 200 or Section 202 also.

Op Eds OP. ED.

Powers and Limitations in Exercise of Jurisdiction under Section 156(3) CrPC with Regard to Public Servant

by Vikas Upadhyay†

Op Eds OP. ED.

Cognizance of Criminal Contempt by Single Judge of a High Court under the Contempt of Courts Act, 1971 in Absence of Any Rules Framed by the High Court — Permissibility

by B. Shravanth Shanker† and Monalisa Kosaria††

Case Briefs High Courts

Magistrate cannot summon accused on a printed proforma without assigning any reason nor can take cognizance on police report without applying judicial mind, Allahabad High Court reiterates

Allahabad High Court remitted back the matter to the Magistrate and directed him to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law.

Case Briefs High Courts

Kerala High Court directs every station house officer to record FIR within an hour from the time information is received regarding an attack on a healthcare professional

Kerala High Court: In a case filed concerning recurring violence against Doctors and Healthcare Professionals, a Division Bench of Devan

Case Briefs High Courts

Orissa High Court| Sanction must be issued under Section 197 of CrPC for taking cognizance on having ‘reasonable nexus’ with official duty

Orissa High Court: In a criminal miscellaneous petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Code’) challenging the

Case Briefs High Courts

Jharkhand High Court directs AIIMS, Deogarh to submit report on availability of Burn Ward

Jharkhand High Court: The division bench of Ravi Ranjan, C.J., and Sujit Narayan Prasad, J., took suo motu cognizance of

Case Briefs Supreme Court

‘Irregularity in cognizance order does not vitiate trial’; SC finds no “failure of justice” in cognizance by Special Judge in Karnataka iron ore illegal mining case

“For vitiating the proceedings, something more than a mere lack of authority has to be established.”

Case Briefs High Courts

J&K HC | Is ‘mens rea’ an important component to be proved while addressing issues under S. 138 NI Act? Explained

Jammu and Kashmir High Court, Srinagar: Sanjeev Kumar, J., while addressing a matter in respect to Section 138 NI Act, stated that

Case Briefs High Courts

Cal HC | Rejection of complaint under S. 156(3) CrPC by Magistrate without taking cognizance under S. 190(1)(a) is an error in law; correct approach explained

Calcutta High Court: Madhumati Mitra, J., allowed a criminal revision application filed against the order of the Magistrate whereby he had rejected the