Cognizance on police
1 month ago
Magistrate is not taking cognizance on police asking to get some order regarding same as court took Cognizance. Ask to search order on net...
A.Dear Client,
The Magistrate holds the authority to take cognizance of an offense based on a complaint or a Protest Petition, even after the acceptance of the final report by the police under Section 173 of the Code of Criminal Procedure (CrPC). This is applicable when the accused persons have been discharged. The Magistrate, using discretion, can reject the police report and disagree with its findings, choosing to take cognizance of an offense based on other documents and evidence presented or annexed to the police report.
Section 173(8) of the CrPC recognizes the power of the police to conduct further investigation after submitting a final report. This means that even after the court has taken cognizance of an offense based on the police report, the police can still carry out additional investigations. The Supreme Court affirmed this in the case of Ram Lal Narang v. State (Delhi Admn.) (1979) 2 SCC 322, stating that the police have the authority to conduct further investigation even after the court has taken cognizance based on the initial police report.
The Magistrate holds the authority to take cognizance of an offense based on a complaint or a Protest Petition, even after the acceptance of the final report by the police under Section 173 of the Code of Criminal Procedure (CrPC). This is applicable when the accused persons have been discharged. The Magistrate, using discretion, can reject the police report and disagree with its findings, choosing to take cognizance of an offense based on other documents and evidence presented or annexed to the police report.
Section 173(8) of the CrPC recognizes the power of the police to conduct further investigation after submitting a final report. This means that even after the court has taken cognizance of an offense based on the police report, the police can still carry out additional investigations. The Supreme Court affirmed this in the case of Ram Lal Narang v. State (Delhi Admn.) (1979) 2 SCC 322, stating that the police have the authority to conduct further investigation even after the court has taken cognizance based on the initial police report.
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A.Dear Client,
The Magistrate has the power to take cognizance of the offense on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report of the police under Section 173 Cr. PC is accepted and the accused persons are discharged, The Magistrate, at his discretion, can disagree with the report and reject it and may take cognizance of an offence based on other documents and evidence submitted to him or annexed to the police report. The power of the police to conduct further investigation, after laying a final report, is recognized under Section 173(8) of the Cr. PC. Even after the court takes cognizance of any offense on the strength of the police report submitted earlier, it is open to the police to conduct further investigation as ruled out by the Apex Court in the case of Ram Lal Narang v. State (Delhi Admn.) (1979) 2 SCC 322.
The Magistrate has the power to take cognizance of the offense on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report of the police under Section 173 Cr. PC is accepted and the accused persons are discharged, The Magistrate, at his discretion, can disagree with the report and reject it and may take cognizance of an offence based on other documents and evidence submitted to him or annexed to the police report. The power of the police to conduct further investigation, after laying a final report, is recognized under Section 173(8) of the Cr. PC. Even after the court takes cognizance of any offense on the strength of the police report submitted earlier, it is open to the police to conduct further investigation as ruled out by the Apex Court in the case of Ram Lal Narang v. State (Delhi Admn.) (1979) 2 SCC 322.
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