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Raghav Arora   10 May 2021

Noncognizabke case will move as a complaint case

Hello Sir and Ma'am.

While reading chaper 19 of the CRPC, I came across a case Bahori Vs State of UP 2017, in which conveyed that - Non Cognizable Case will be treated as a case filed otherwise than on a police report.

I got confused here.

First, if it is a Non Cognizable matter, I understand that the case will go under 155 and the Complainant will be referred to a magistrate to file complaint.

After this 190, 200, 202, 204, etc will follow.


But, after that, why will it be proceeded with as a case other than on a police report? That is a category under the Warrants chapter. Won't Non-Cognizable case be treated under the Summon Cases chapter? And under Summon procedure, do we have the bifurcation of 'Case on Police Report' and otherwise than on a police report?

Plus, is every cognizable case proceeded under Warrant procedure and Non cognizable under Summon procedure?

Not able to understand the actual funda around this.


Learning

 1 Replies

shiv mangal lal   10 May 2021

will be proceed as complaint case... various apec court judgments available and also clearly mentioned in croc is 2..

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