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Author :
PARTHA SARKAR
Posted On 22 May 2012 at 19:46
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Kindly advice whether double cognizance is maintainable during initial deposition in spirit of sec. 190 to 204 of Cr.P.C.?
2. First day (5.11.2011) Ld. Chef Judicial Magistrate took cognizance u/s. 405 & 499 of IPC.
3. 16.11.2012 - P.O. was in leave.
4. 25.11.2011 - Initial deposition. Recorded statement on oath by complainant. Next date 17.12.2011 for order.
5. 17.12.2011 - Adv. files hazira on behalf of complainant. Today is fixed for order. To 6.2.2012 for further hearing.
6. 6.2.2012 - statement of the complainant not sign by duty P.O..
7. 07.02.2012 - Recoded statement of the complainant and her witness on oath. cognizance is taken against the accused person u/s 499/406 of IPC. Complainant is directed to file requisites. Next date 23.03.2012 for service return.
8. 16.03.2012 - put up bail suo-moto before receiving summons. Bail allowed.
9. 23.03.2012 - accused was present.
Kindly advise from the above background double cognizance whether bad in law? How to proceed? Any citation of Apex court bad in law regarding double cognizance.
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Expert :
arvind
Posted On 22 May 2012 at 21:50
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irregular proceeding file revision. If it is so no need of any citation.
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Expert :
PARTHA P BORBORA
Posted On 22 May 2012 at 22:08
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It is not double cognizance. As new facts revealed by the witnesses court may change or even alter the charge too.
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Author :
PARTHA SARKAR
Posted On 23 May 2012 at 18:02
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I will be grateful if the panel of expert guide me leading questions on the above back ground.
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Expert :
Shonee Kapoor
Posted On 02 June 2012 at 21:54
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Difficult to suggest leading questions based on this brief.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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