cognizance Archives

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

Case Briefs High Courts

Bom HC | The day on which accused refused to accept the demand notice is to be excluded while counting the 15 days period contemplated under S. 138(c) NI Act

Bombay High Court: Vibha Kankanwadi, J., while allowing a writ petition, quashed a complaint under Section 138 of the Negotiable Instruments Act, 1881,

Case Briefs High Courts

Pat HC | An abstract principle of law cannot be applied in vacuum as there has to be foundational facts to which law can be applied

Patna High Court: Ahsanuddin Amanullah, J. dismissed the petition filed against the order passed in Sessions Trial by which the opposite parties

Case Briefs High Courts

Del HC | Closure of bank account of accused prior to issuing of cheque is a matter for trial; taking of cognizance under S. 138 NI Act sustained

Delhi High Court: Anu Malhotra, J. dismissed a petition filed against the order of the trial court whereby the petitioner was summoned on

Case Briefs High Courts

Del HC | Law regarding quashing of FIR in non-compoundable offence under S. 498-A IPC culled out

Delhi High Court: R.K. Gauba, J., referring to the relevant authority on the subject, allowed a petition filed under Section 482 CrPC

Case Briefs High Courts

Ori HC | Court should not take cognizance if the act complained of appears to have inseparable nexus with discharge of official duty

Orissa High Court: The Bench of Dr A. K. Mishra, J., allowed a petition filed to quash the order passed taking cognizance

Case Briefs High Courts

Pat HC | Petitioner unable to provide explanation regarding rice gunny bags bearing FCI logo and tag; charges under Essential Commodities Act sustained

Patna High Court: The Bench of Ahsanuddin Amanullah, J. dismissed an application seeking relief in the matter wherein cognizance of the offence

Case Briefs High Courts

Tri HC | No infirmity in order refusing to take cognizance of police report filed on basis of incomplete investigation

Tripura High Court: The Bench of S. Talapatra, J. dismissed a criminal revision petition challenging an order whereby the Sessions Court refused