Cognizance of offence

Querist : Anonymous (Querist) 29 April 2011 This query is : Resolved
Whether an order u/s 190(1) (a) is a pre requisite for proceeding u/s 200 Cr.P.C. and whether such an order should be speaking one?

Follow Query

Report Abuse

Arvind Singh Chauhan (Expert) 29 April 2011
No it is not pre requisite for 200 Cr.P.C.

Sarvesh Kumar Sharma Advocate (Expert) 29 April 2011
no,
200 cr.p.c. is enough!

PALNITKAR V.V. (Expert) 29 April 2011
Taking of cognizance is an "act" which is nowhere defined in the CRPC. It is a process where a magistrate considers the contents of the complaint with a view to proceed u/s 200. No written order of taking of cognizance is necessary. Normally, once the magistrate proceeds with examination of complainant u/s 200, that presupposes that the magistrate has taken cognizance.

Guest (Expert) 29 April 2011
Sec. 200 Cr PC can work independently.

Advocate. Arunagiri (Expert) 29 April 2011
If you file complaint u/s 200 cr.p.c., it reads with 190 1 a also.

S.190 says about the mode of complaint received by the magistrate.