Double cognizance in initial deposition before issuing of process.

PARTHA SARKAR (Querist) 22 May 2012 This query is : Resolved
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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Arvind Singh Chauhan (Expert) 22 May 2012
irregular proceeding file revision. If it is so no need of any citation.

PARTHA P BORBORA (Expert) 22 May 2012
It is not double cognizance. As new facts revealed by the witnesses court may change or even alter the charge too.

PARTHA SARKAR (Querist) 23 May 2012
I will be grateful if the panel of expert guide me leading questions on the above back ground.

Shonee Kapoor (Expert) 02 June 2012
Difficult to suggest leading questions based on this brief.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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