ARVIND KUMAR (LAWYER) 29 June 2008
Abhishek Sharma (Lawyer) 29 June 2008
podicheti.srinivas (advocate/legal consultant) 30 June 2008
taking cognizance means applying the judicial mind to the facts and circumstances,of the case ,whether it amounts to be an offence by its bear reading the magistratewill procced with the case .if the magistrate finds it a false complaint he may dismiss the same on receipt from the police that there is nooffence in the complaint had made out ,then the case will be dismissed.The order to the police to enquire into is not cogniazace in true sense.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 30 June 2008
Mr Arvind kumar is asking for remedy after issue of process.
Once a process is issued , very limited options are available before the accused for its reversal.
Since you are asking remedites after issue of process. So if you have a case based on facts and circumstances the accused can go in revision for recall/cancellation of process.
Please remember that :
1) Truth and facts are always defferent. Facts may tell a story but truth may be absolutely defferent. You have to do hard work to dig out truth. If you can find real truth which is defferent than facts ; you have a strong case.
2) Another imp aspect for an advocate is MORALS and LAW.
Things may not be correct if you apply strict moral principles. However you have duty towards cleint , to defend him against all odds. It is the grit and courage of a defense advocate that he / she finds loopholes in any story and prepares the case for the client even when everybody is crying from the rooftop against him or her.
ARVIND KUMAR (LAWYER) 30 June 2008
I am highly obliged to receive your kind opinion Sir, I am searching and gone through several judgments passed by the Hon'ble Apex Court as well as diferent High Court. At present the citation is not highlighted in my mind, which has noted in my personal diary today in the morning in which apex court has observed that without recording statement on oath U/S 200, 202 Cr.P.C. If magistrate has taken cognizence strateway against the accused person that is not sustainable in the eye of law ,even cognizable offence made out against the accused. I am thinking over this aspect seriously. Help me.
Abhishek Sharma (Lawyer) 01 July 2008
You are right. Examination of complainant U/s 200 Cr.P.C is sine qua non for a proceeding instituted on a complaint.
ARVIND KUMAR (LAWYER) 02 July 2008
Sir, but one thing also found by me that Under N.I. Act the examination on oath Under Section 200 and 202 of the Cr.P.C. is not necessary. The complaint filed alongwith the statement of complainant on affidavit/ averment of the afidavit of the complainant treated as the statement under Section 200, 202 Cr.P.C. and cognizence taken.
Samip (Lawyer) 10 July 2008
Mr. once a complaint is filed before a learned Magistrate, He can either postpone the issuance of process under section 204 of the CRPC and after verification of the complainant on oath, order an inquiry under section 202 of the code of Criminal procedure. But remember , this is optional. Ld. Magistrate can certainly issue process under section 204 of the CRPC if he prima facie finds that the offence might have been committed by the accused.
IF you find that the process issued under section 204 of the CRPC is bad in law , you can challenge the same under section 482 of the Code of Criminal Procedure before the Hon'ble High Court within the territorial jurisdiction of which the court of learned Judicial Magistrate is situated.
As per the recent judgements of the Hon'ble Supreme Court of India, once the process is issued by the Ld. Magistrate under section 204 of the CRPC, he has no jurisdiction to recall his order. At the same time, the order under section 204 of the CRPC is interlocutory in nature and therefore, the same can not be challenged in revision before the Sessions Court or the High Court. Therefore, only remedy available to you is to challenge under section 482 of the code of criminal procedure .
Gujarat HIgh Court.
K.C.Suresh (Advocate) 11 July 2008
Dear Arvind, Mr. Samip Oza has detailed your issue. S. 190 is for taking cognizance. 190 (1) (a) is the provision applicable in your case. How ever you have to file a revision for remedy. Adv. K.C. Suresh, Kerala
Guest (n/a) 01 September 2008
ARVIND KUMAR (LAWYER) 04 September 2008
You don't go for compromise. Please co-relate with the Judgment of High Court by which son had been given in your custody and file divorce petition against your wife.
RISHI JAIN (Senior Manager) 23 February 2009
sir, pls help me. my wife filed a complaint u/s190 crpc for taking cognizance of the offence u/s 307, 323, 504, 506, 120b, r/w 34 ipc against me and 3 other family members and an unknown lady. it came to my knowledge when i reached the court to appear in another case filed by my wife. the case is false. the judge is under some kind of influance by my wife and her brother, who's an advocate. similarly has happened to me in past also when my wife filed a case u/s498,406, 323, 504, 506 IPC and 3/4 dowry prohibition act. at that time my wife was living seprate from me since 2 years. to fortify the complaint she alleged me for abducting my daughter, when she pretend, then she said i have beaten her brutly. the court has taken the cognizance in the complaint u/s 156(3) crpc, on this incident, u/s 498 etc. the same judge sent me to Judicial custody for 6days, for no reason, before i got the bail from sessions. because of such an act by the advocate and the judge, m quit sure that this time also they will take cognizance against me for attempt to murder etc. the case has been filed in november last year. the next date is in march for statement u/s200 crpc. pls tell me that how can i stop the court from taking the cognizance. else pls tell me what will happen next, i.e. after statement u/s200. what is the proceedure, so that i can prepair myself.
PALNITKAR V.V. (Lawyer) 25 February 2009
Why different questions are mixed. It is better if they are posted separately.
RISHI JAIN (Senior Manager) 25 February 2009
m sorry for that. actually m confussed. my qus was relating to the same, i.e. complaint u/s190 cr.p.c. my confussion is, what is the role of the accused at the stage of the pre cognizance in complaint u/s 190 cr.p.c. if he doesnt have any choice till the cognizance, then what is the procedure after the cognizance, how should he counter the same.
RISHI JAIN (Senior Manager) 25 February 2009
sir ji, could you please tell me some about these limited options for the accused in pre cognizance and post cognizance stages. it could be very useful for me. so please share your experience with me. thank you and regards. jain