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

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.

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.

Mr.Thirupathi is absolutely correct.

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.

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.

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

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 ....

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.

Dear Sir,

 

 

Thank you.