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A.Mohamed Thaheer (ADVOCATE)     01 April 2009

Cognizance under Section 173 of Cr.P.C. 1973

Sir,

Let me know clearly

1) when , at what point of time or crucial date on which a Magistrate takes cognizance of an offence, after filing the final report by the police under section 173(2) of Cr..P.C., 1PC.



Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 April 2009

sec.173(8)----the police may continue investigation with the permission of the court after cognizance has been taken by the Magistrate, but the Magistrate cannot order further investigation after taking cognizance of offence. He has to dispose of the case either byframing of charge or by dischargeof accused. It does not preclude the police from further investigation on its own and it may thereafter submit fresh chargesheet.

Swami Sadashiva Brahmendra Sar (Nil)     01 April 2009

after perusal of chargesheet submitted by police the magistate makes an endorsement to the effect that case  be registered in prescribed register of the court. this is the time when magistrate is called to have taken cognizance.

B.N.Rajamohamed (advocate / commissioner of oaths)     04 April 2009

Mr.Thirupathi is absolutely correct.

A.Mohamed Thaheer (ADVOCATE)     07 April 2009

Please, explain the perusal of the charge sheet means what? Is it mere endorsing on the face of the charge sheet for making entry in the register of the court, without giving careful reading of the Final report by the Police.


If the Magistrate takes  cognizance of the offence, in the case of a retired servant who was alleged to have committed an offence while in service, for which no sanction for VALID SANCTION for prosecution issued by the Competent Authority which is a pre-requisite before taking cognizance of the offence under Section 197 (1) of Cr.P.C., whether summoning of the official is legally valid? 


What will be remedy, when the police made a false charge or charge without prior sanction of the competent authority, for the humiliation suffered.


What legal action could be taken against police officers for such negligence.


Can the police officer can take shelter under the EXCEPTION CLAUSE UNDER SECTION SOME WHERE BETWEEN 95 TO106 OF IPC.

Swami Sadashiva Brahmendra Sar (Nil)     09 April 2009

perusal means reading the record and application of mind.

in your case the action of the magistrate taking cognizance can be challenged on the ground of :  non application of mind ; error apparant on the face of record  and non complaince of procedure contained under s. 197 of Cr.PC.

Anish goyal (Advocate)     16 April 2009

Cognizence means application of judicial mind by magistrate coupled with further proceedings. For the purpose of section 167(2) cognizence is deemed to be taken on the date of filing of charge sheet even issue of process is done at another day (but actual cognizence is shown by issue of process )so as now magistrate can remand accused to judicial custody u/s 309(2). Please correct me if i m wrong. Reference could be made to chief enforcement officer v. Videocone pvt ltd

Munirathnam (Scientist)     28 January 2010

Dear All,

 

In 498A case, registered on me, police filed charge sheet in court. Police informed me saying court took congnigence.

 

I strongly believe judge did not apply his mind while reading the docs submitted by police which are part of charge sheet, details are below:

1. None of the complaint allegations are part of the charge sheet.

2. None of the witness CrPC-161 statements are supporting complaiannt allegations.

3.Police charge sheet has 100% contradictions with respect to witnesses and complainant relatives CrPC-161 statements.

 

Police did not collect documentary evidences to support their charge sheet allegations even on request of the accused. Police did not visit crime place (Bangalore) during their investigation (crime is investigated at Hyderabad and got witnesses who never lived at Bangalore)

 

What best I can do at this stage.... please guide me ....

Swami Sadashiva Brahmendra Sar (Nil)     28 January 2010

Dear munirathnam,

You can file an application before the Magistrate for discharge u/s 227 Cr.PC.

In general, an advocate would advise you to move to the High Court u/s 482 for quashing of charge sheet , but there is least possibility of success u/s 482.

Munirathnam (Scientist)     29 January 2010

Dear Sir,

 

My wife made allegations as below:
 
 
1.       At the time of marriage wife's parents gave Rs.40,00,000/- worth agriculture land, 800 grams of gold and Rs.3,00,000/- cash to wife.
 
2.       Husband and his sister not satisfied with the dowry and harassed saying husband side people lost alliance of worth Rs.1,00,00,000/-.
 
3.       Husband use to harass wife to sell the property given to her by her parents.
 
4.       Wife was not facilitated with phone to speak with her relatives.
 
5.       In-laws use to call husband and advised.
 
6.       When ever wife speak with her brother husband use to suspect her.
 
7.       Wife got 4 weeks preganncy byt husband suspected her and publicized saying wife is carrying 3 months pregnancy.
 
8.       Husband forced wife to abort her pregnancy.
 
Only the above 8 staements were made by my wife. Police registered case U/s 498A and D.P 3&4.
 
 
The Police charge sheet is 100% contradicts with complaint and has the below allegations:
 
 
1.       Wife joined husband after 6 months to marriage.
 
2.       Wife stayed with husband for 23 days at bangalore.
 
3.       On the day wife joined with husband wife's brother purchased house hold itmes wo wife. Husband and his sister harassed wife saying wife was harassed for less house hold itmes purchased by wife's brother. Also additional dowry is demanded.
 
4.       Wife got 4 weeks pregnancy then informed to husband on May-20th 2008 (to this day wife stayed 22 days with husband at Bangalore) on 20th husband forcibly given tablets to wife to abort preganncy and locked in house. Nex day morning i.e., on 21st May-2008 husband opened the door.
 
5.       Mean while wife called her relatives and her brother came to bangalore and asked the husband about the harassment.
 
6.       Husband and his brother-in-law thrown wife nad her brother out of house by taking her gold from her.
 
7.       Also when wife stayed with in-laws at in-laws house they harassed wife saying they will do second marriage to husband if wife fails to bring money by seling the properties.
 
The above 7 point only there in the entire charge sheet. Charge sheet is only of 2 pages with above allegations. No supporting documents were submitted to court.
 
 
Shall I go for discharge with the following grounds:
 
 
1.       Even considering the allegations in the charge sheet are true, wife lived with husband after wife was harassed for more house hold items on the first day of matrimonial house. This provide information that wife did not fell any danger to live with husband. Also it is not revealed that harassment is not continued. Hence the alleged harassment did not attract 498A IPC.
 
2.       Wife failed to give details of harassment and also wife relatives and witnesses CrPC-161 statements do not reveal that there was any physical harassment happened to wife. Wife continued to live with husband proves even metal cruelty is not happened to her.
 
3.       Till May-23rd 2008 wife carries pregnancy, doctor reports are enclosed. Whereas wife said to her parents that pregnancy is terminated at Bangalore by 20th May-2008 itself as per their CrPC-161 statements.
 
4.       Police did not visit crime place, Bangalore and did investigation at Hyderabad for the crime happened at Bangalore as per wife and police charge sheet.
 
5.       Police failed to transfer the case to Bangalore PS. Case charge sheet is filed without jurisdiction.
 
6.       Police refused to investigate the allegations on wife’s pregnancy termination issue saying those allegations do not attract 498A (RTI reply).
 
7.       Police refused to collect wife used cell phone call details (RTI reply).
 
8.       Complaint allegations are false hence police could not get supporting evidences and also complainant allegations were not supported by her relatives and witnesses CrPC-161 statements.
 
9.       Police refused to investigate the allegations at Bangalore and also refused to collect documentary evidences from Bangalore (RTI reply) saying the requested doctor reports and wife telephone call records are not required for the case.
 
10.    Deputy Commissioner of Police opinioned (in RTI reply) that said wife allegations are false based on the docs submitted by husband.
 
 
The above points are some of the discharge grounds. Please comment on what is the % of getting discharged.

 

Thank you.


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