Cognizance of an offence
Adv. Virendra
(Querist) 17 August 2011
This query is : Resolved
When a JMFC grants or denies bail to an accused or extends his police custody or gives magisterial custody, whether such act amounts to - the court taking cognizance of the offence?
pls. clarify
Dr Anil Kumar Singh
(Expert) 17 August 2011
Yes , without taking cognizance in the matter court can not make any order
Advocate. Arunagiri
(Expert) 17 August 2011
Bail application is being filed when the police arrests one accused after registering the FIR.
The same police at a latter stage may drop the case.
So, when the bail application is moved at the FIR stage, and if the JMFC rejects the bail application, it does not mean the court had taken cognizance of the offense. Because it is only a FIR stage.
Adv. Virendra
(Querist) 17 August 2011
Thanks, But even it the court rejects the bail or grants police custody/ magisterial custody, it is an order of the court na ? Making an order without taking cognizance ? how possible ?
Rajarshi Bhowmik
(Expert) 17 August 2011
I completely differ with Dr Anil Kumar Singh in this point. In a cognizable offense Court takes cognizance of the same U/S 190 Cr.P.C. after submission of charge sheet. And police submits charge sheet after the completion of their investigation. But can arrest accused on a complain and if a accused is arrested he must be produced before a magistrate with in 24 hrs of his arrest. and if any accused is produced before any magistrate it is the duty of the magistrate grant him bail or deny him bail or extends his police custody or gives him magisterial/ judicial custody it does not mean that the magistrate had taken cognizance of the offense alleged. for details please visit www.rajarshibhowmik.webs.com
Raj Kumar Makkad
(Expert) 18 August 2011
It is impossible to take any decision without going into allegations of the FIR. Though cognizance as defined under section 190 is not taken but for bail purpose the cognizance is definitely taken by judicial officer.
