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Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     28 July 2009

Order of Cognizance.

Whether a Magistrate can review an order of cognizance?



Learning

 8 Replies

vikas (advocate)     28 July 2009

If once cognizance takn u/s 190 cr.pc than there is no provision which talks of review. Infact its vry interesting ques.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 July 2009

Information disclosing both non-cognizable and cognizable offence police officer has rightto investigate without sanction of Magistrate- pravin chander mody vs. state of A.P..AIR 1965 SC 1185; 1965 (2) Cr. L.J.250' 1965 (1)SCR 269.

adv. rajeev ( rajoo ) (practicing advocate)     28 July 2009

No he cannot review the cognizance taken.

Sachin Sarda (Lawyer)     28 July 2009

once the Cognizance is taken by the magistrate then he can not review that order.

Rajendra (nil)     18 August 2009

Is there any case law stating that magitrate cannot review order of cognisance?


(Guest)

Adalat Prasad Vs Rooplal Jindal SC 3 judge decided on 25.8.2004

Rajendra (nil)     19 August 2009

Thanks, Anilkumar

Bhumik Dave (Law officer)     22 August 2009

Thanks for interesting ques. But judge can't revoke

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