taking cognizance of offence

KANDE VENKATESH GUPTA (Querist) 13 October 2010 This query is : Resolved
Defacto complainant filed complaint with the police alleging dowry harassment and beating by the Accused No.1 to 7. The police, after conducting investigation, and after coming to conclusion that the Accused No.1., who was working as Head Master of the Government School, was not at the alleged scene of offence and at the relevant point of time he was attending the meeting of the Head Masters of the schoos conducted by the district collector, filed charge sheet against Accused No.2 to 7 only and not charge sheeted Accused No.1. However, the Magistrate, by a single line order, took cognizance of the offence against the Accused No.1. also along with the other accused. Whether the action of the Magistrate in taking cognizance of the offence Accused No.1., without any further evidence, also is justified. My client intends to file criminal petition seeking to quash the proceedings as against him. Please guide me. If there are any judgments of the Hon'ble Supreme Court or any other court, please furnish. Matter is urgent. Thanks in advance.

K.VENKATESH GUPTA
H.No: 1-1-16/1/2/A
JAWAHARNAGAR, RTC CROSS ROADS
HYDERABAD-500 020
PH.NO: 27650240/9885808021
venkateshgupta_kande@yahoo.co.in.

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Kumar Krishan Agarwal Advocate (Expert) 14 October 2010
just file Quash petition on facts as your clients wanted Just fulfill its echo but I hope that the H.C not quash the proceedings against No.1 & Matter is remand back to Ld magistrate for taking evidences of prosecution to prove guilty of accused No.1

adv. rajeev ( rajoo ) (Expert) 14 October 2010
Approach the high court and produce the document regarding attending the meeting before the high court. You have good chance. And it is also good point that he has not at all chargesheeted.

s.subramanian (Expert) 14 October 2010
You file quash proceedings along with the reports indicating the innocence of A1. You have bright chances to succeed.

Advocate. Arunagiri (Expert) 14 October 2010
The magistrate is having all such powers to include any accused, he is not bound by the police charge sheet.

Just because the A1 was not physically available at the scene, he can not escape from the trial case.

He should produce any other evidence to prove that A1 is no where connected with the offense/s.

You can try with the HC for quashing the same indicating the innocence.

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 October 2010
Pl check the records properly.Since it may not be charge sheet stage but FIR. If charge sheet filed against 2-7 than no process can be issued against one. Need not go to HC , file revision at sessions court.

pawan sharma (Expert) 14 October 2010
you file 482 before the H.C.

Sri Vijayan.A (Expert) 14 October 2010
I agree with Mr.Arunagiri.
Because the Magistrate can add/ include.
He ned not go with the c.s of police.
He may delete any A from the c.s of police.

Even then you have chance to get it quashed if you can prove that the A1 is not at all connected with it.

Arvind Singh Chauhan (Expert) 15 October 2010
You have enough material, file a revision before session court against cognizance order or approach to HC under 482 Cr.P.c.