Cognizance of offence
Ladhu Ram Chowdhary
(Querist) 29 January 2010
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?
M/s. Y-not legal services
(Expert) 19 May 2011
No.. For general view both sections will be similarly.. But its both little differ from each other. Under section 190.1.a of cr.p.c, any magistrate can take cognizence of any offence upon recieving a complaint of facts which constitute such offences.
M/s. Y-not legal services
(Expert) 19 May 2011
But section 200 cr.p.c a magistrate talking cognizence of an offence on complaint shall examine upon oath the complainant
Advocate. Arunagiri
(Expert) 19 May 2011
There is no separate order will be passed under 190 (1)(a).