Fully Reasoned Order Not Necessary For Taking Cognizance On The Basis Of Police Report : Supreme Court
3 years ago

Fully Reasoned Order Not Necessary For Taking Cognizance On The Basis Of Police Report : Supreme Court

Live Law  

The Supreme Court has observed that it is not obligatory on the part of the Court to issue a fully reasoned order for taking cognizance on the basis of a police report. "Though all the above judgments mention that the Magistrate needs to apply his mind to the materials placed before him before taking cognizance, they have been differentiated on facts from the present case as unlike the present case where cognizance was taken based on the SIT report, in those cases cognizance was taken based on a complaint", the Court observed. The Court also referred to the decision in Afroz Mohammed Hasanfatta which held that since in a case of cognizance based on a police report, the Magistrate has the advantage of perusing the materials, he is not required to record reasons. In conclusion, the Court stated : "Since cognizance was taken by the Special Judge based on a police report and not a private complaint, it is not obligatory for the Special Judge to issue a fully reasoned order if it otherwise appears that the Special Judge has applied his mind to the material" Also from the judgment : Irregularity In Order Taking Cognizance Will Not Vitiate Criminal Proceedings : Supreme Court

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History of this topic

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court
1 month, 1 week ago

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court

Live Law  

The Allahabad High Court has observed that an error apparent on the face of the record, such as the non-availability of the specific date and timing in an FIR, cannot be rectified at the investigation stage. A bench of Justice Saurabh Srivastava termed the Chief Judicial Magistrate Mirzapur's act of taking cognizance of the charge sheet —despite the FIR lacking …

Use Of Blank Printed Proforma For Passing Judicial Order Is Unacceptable: Allahabad HC Sets Aside Cognizance & Summoning Order
6 months ago

Use Of Blank Printed Proforma For Passing Judicial Order Is Unacceptable: Allahabad HC Sets Aside Cognizance & Summoning Order

Live Law  

The Allahabad High Court recently observed that the use of blank printed proforma for passing the judicial order by the Magistrate is unacceptable, being indicative of nonapplication of judicial mind in passing the order. With these observations, the Court set aside a cognizance and summoning order passed by the Judicial Magistrate, Azamgarh, concerning a case under Sections 434, 506 IPC. …

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC
6 months ago

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC

Live Law  

The Allahabad High Court has observed that the investigation of a non-cognizable offence by the police without prior permission of the competent Magistrate is illegal, and subsequent permission by the Magistrate cannot cure this illegality. It was the case of the accused persons that the police lodged an FIR and also submitted a Police Report under Section 188 IPC, which …

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC
8 months, 3 weeks ago

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC

Live Law  

The Karnataka High Court has held that the delay caused in taking cognizance by the magistrate court after a private complaint is filed when there is no malafide on part of the complainant is required to be excluded for the purpose of the computation of the period of limitation as prescribed under Section 468 of the Code of Criminal Procedure. …

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 2 months ago

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses

Live Law  

The Rajasthan High Court has upheld a Special Court's order rejecting the closure report submitted by the police and taking cognizance against accused Station House Officer for offences under the Scheduled Caste and Scheduled Tribe Act. The Trial Court did not accept the final report and took cognizance under Sections 341 and 323 IPC and Sections 3, 3 and 3 …

S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court
1 year, 3 months ago

S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court

Live Law  

The Orissa High Court has recently held that an order of cognizance cannot be quashed merely because the police conducted ‘further investigation’ under Section 173 of the Code of Criminal Procedure without obtaining formal permission from the Court. While refusing to quash the order of cognizance against the petitioner, the Single Bench of Justice Gourishankar Satapathy observed, “The order taking …

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court
1 year, 5 months ago

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court

Live Law  

The Karnataka High Court has rejected a petition filed by eight murder accused challenging Magistrate court's order taking cognizance of the offence alleged against them and rejecting the ‘B Report’ filed by the police. A single judge bench of Justice M Nagaprasanna rejected the petitioners contention regarding procedural defects in the cognizance order as the sworn statement was recorded even …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 6 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

Judicial Officers' Conduct In Passing Orders On Printed Proforma Sans Application Of Judicial Mind 'Objectionable': Allahabad HC
1 year, 10 months ago

Judicial Officers' Conduct In Passing Orders On Printed Proforma Sans Application Of Judicial Mind 'Objectionable': Allahabad HC

Live Law  

The Allahabad High Court has observed that the conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated.The bench of Justice Shamim Ahmed observed thus while quashing the cognizance order of the Court of ASJ/POCSO-II Raibareli summoning a man accused of. …

Issuing Summons On Printed Proforma After Passing Hand Written Cognizance Order On Chargesheet Isn't Invalid: Allahabad High Court
2 years, 4 months ago

Issuing Summons On Printed Proforma After Passing Hand Written Cognizance Order On Chargesheet Isn't Invalid: Allahabad High Court

Live Law  

The Allahabad High Court has observed that if the order of taking cognizance has been passed on the first page of the charge-sheet in the hand writing not by filling up the proforma then the summoning order carried on the order-sheet on printed proforma won't be invalid.The bench of Justice Mohd. The Allahabad High Court has observed that if the …

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court
2 years, 5 months ago

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court

Live Law  

The Allahabad High Court has observed that if cognizance has been taken on a police report, then there is no need to pass a fully reasoned order if from the perusal of the cognizance order it appears that the court has applied its mind to the materials on record. The State of Karnataka LL 2021 SC 691, the Court observed …

Irregularity In Order Taking Cognizance Will Not Vitiate Criminal Proceedings : Supreme Court
3 years ago

Irregularity In Order Taking Cognizance Will Not Vitiate Criminal Proceedings : Supreme Court

Live Law  

The Supreme Court has held that an irregularity in the order taking cognizance will not vitiate the proceedings in a criminal trial.A bench comprising Justice DY Chandrachud, Justice Vikram Nath and Justice BV Nagarathna was deciding an appeal filed against a judgment of the Karnataka High Court which dismissed the appellant's petition. The Supreme Court has held that an irregularity …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 3 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Any Activity Creating Hatred, Tension On Ground Of Religion, Race, Caste, Community Or Language Can't Lead To Fair Elections: U'Khand HC [Read Order]
4 years, 2 months ago

Any Activity Creating Hatred, Tension On Ground Of Religion, Race, Caste, Community Or Language Can't Lead To Fair Elections: U'Khand HC [Read Order]

Live Law  

The Uttarakhand High Court on Monday observed that "for fair and peaceful election, during the election campaign, party or candidate should not indulge in any activity which may create mutual hatred or cause tension between different classes of the citizens of India on the ground of religion, race, caste, community or language." Background An application was filed under Section 482 …

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