Criminal Revision

Querist : Anonymous (Querist) 12 November 2010 This query is : Resolved
Whether taking of cognizence is an interlocutary order or final order.Whether one can file revision in district Court against the order of cognizence , if the cognizence taken by a magistrate trible by himself.Please reply me alongwith citations

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Devajyoti Barman (Expert) 12 November 2010
taking cognizance is not an interlocutory order and Revision very much lies against such order. No citation is required for this.
The concept of interlocutory order as mentioned in CrPC is not interpreted in the same line as that of the same under CPC.

Querist : Anonymous (Querist) 12 November 2010
I do not agree with Mr. Devajyoti,Cr.P.C is silent on that.

Querist : Anonymous (Querist) 12 November 2010
Mr.Devajyoti is requested to provide the necessary citations.

Arvind Singh Chauhan (Expert) 12 November 2010
revision lies. Please find the attachment.

Devajyoti Barman (Expert) 12 November 2010
Taking cognizance is not a civil order nor there is a provision for that under CPC.

Querist : Anonymous (Querist) 12 November 2010
I am aware that taking of Cognizence coming under Cr.P.C.

Ramakrishnan.V (Expert) 12 November 2010
Sir,
The provisions of CPC also uses this expression and please go through section 9 of CPC, which reads as
9. Courts to try all civil suits unless barred.

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

1[Explanation I].- A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
2[Explanation ll].- For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.].
Ramakrishnan.V

Guest (Expert) 12 November 2010
"Taking cognizance" means "Taking on Record". It is not an Order but an action of the magistrate as per contemplated procedure followed by issuing of Summons to the accused and so on. Hence it is not a separate appealable Order by itself. The magistrate's act of taking cognizance can be challenged before the High Court (vested with preregative powers u/s.482 Cr.P.C.) coupled with nature of the original complaint. It cannot be filed before a Sessions Court, since Sessions Court is vested only with Revisional powers u/ss.397 & 401 Cr.P.C. and can only deal with Orders passed by magistrates in Criminal Misc. Petitions (Interlocutory on Criminal Side).

Querist : Anonymous (Querist) 13 November 2010
I have gone through the attachment mailed by Mr. Arvind .Obviously summoning the accused is not an interlocutory orders.So revision is maintainable . I request Mr. Gurunaryana to provide me citations for nonmaintainability of revision in sessions court against the orders of cognizance.

s.subramanian (Expert) 13 November 2010
I agree with Mr.Gurunarayana Rao.

Advocate. Arunagiri (Expert) 13 November 2010
Mr.Gurnarayana Rao had clarified elaborately. Any Revision is maintainable in sessions court, but taking congnizance can not be challenged under revision.

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