Any reference to any advocate on this website does not constitute a referral or endorsement, nor does it constitute an advertisement. State of Bihar, has clarified that a prosecution for the offence of forgery would be possible under Section 195 1 b ii only where the forgery was committed while the document was in custody of Court, i. There was no cognizance of anything except this one maddening girl. Out of whom condescension is to flow is a matter of which Heaven takes no cognizance. Banumathi- written by Justice Banumathi handed down as reportable on 2-7-2015, are as follows:- 09-5-2007: A complaint was filed by one Sunaad Raghuram before the Addl.
This was also enunciated by the apex court, in the case of R. So the government must introduce some amendment so as to make these provisions effective. It has also been opined that even if this involved taking cognizance twice, there is no harm as no provision in the Code prohibits it. The accused persons had colluded with the Area Lekhpal and acted behind the back of the appellant. But, if the Magistrate applies his mind not for the above purpose, but for taking action of some other kind, eg.
But there are certain cases which are exclusively triable by Court of Session according to S. V n 2 verb In ordinary spoken or written English, people use take with a range of nouns instead of using a more specific verb. There are certain advantages to the complaint if cognizance was taken on a complaint. Bar to taking cognizance after lapse of the period of limitation. Was not the enquiry regarding the factum and the stage of taking cognizance of the offences, an avoidable exercise? There cannot be a prosecution for alleged forgery under Section 195 1 b ii where a document alleged to be forged was not itself produced in Court but a copy only of such document was produced.
As Smith had no wife, this could not have been his cognizance. It should order prosecution in the larger interest of justice and not gratify the feelings of personal revenge or vindictiveness or serve the ends of a private party. Though the thinking of legislature was noble while enacting the legislation, there seems to be some gaping holes in the code, mostly with regard to remedies asserted to women, by which many husbands have been set free. It has been explained that the magistrate while taking cognizance of an offence, is becoming aware of the commission of that offence and that awareness continues. Kamla Vaiduriam, a minor girl was in the custody of a person who was asked to produce the girl before the Madras High Court.
In fact he does not have any role at this stage. Thus, this provision is meant to safeguard the interests of the victims while keeping a check on the unfettered powers of the police. You can complete the definition of take cognizance of sth given by the English Cobuild dictionary with other English dictionaries : Wikipedia, Lexilogos, Oxford, Cambridge, Chambers Harrap, Wordreference, Collins Lexibase dictionaries, Merriam Webster. Yet of this interval the utilitarian theory takes no cognizance. His power cannot be controlled by the investigating agency. Transfer on application of the accused When a Magistrate takes cognizance of an offence under clause c of sub-section 1 of section 190 , the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.
It was ruled that S. . Section 195 4 deals with the subordination of Courts. It has been ruled that the magistrate can take cognizance of an offence if he is satisfied about the material. The old man told me he had not been in the Brazils for about nine years; but that he could assure me that when he came away my partner was living, but the trustees whom I had joined with him to take cognisance of my part were both dead: that, however, he believed I would have a very good account of the improvement of the plantation; for that, upon the general belief of my being cast away and drowned, my trustees had given in the account of the produce of my part of the plantation to the procurator-fiscal, who had appropriated it, in case I never came to claim it, one-third to the king, and two-thirds to the monastery of St. The Court should exercise judicial discretion taking into consideration all the relevant facts and circumstances. If we apply the dictionary meaning it simply refers to becoming aware or getting the knowledge of any such offences.
V n I've never taken a holiday since starting this job. Also, When a magistrate applies his mind not for the purpose of proceeding as mentioned above, but for taking action of some other kind, like ordering investigation under s. And lastly section 195-199 puts the limitation on taking cognizance by magistrate. He then took cognizance of the offences. Making over of cases to Magistrates 1 Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
It must be understood that this section neither confer any power of cognizance on the court nor a right to complain on the aggrieved person. Where the complaint is not in conformity with the provisions of this section, the Court has no power even to examine the complainant on oath because such examination could be made only where the Court has taken cognizance of the case. And taking cognizance does not depend upon the presence of the accused in the court. V n Search take cognizance of sth and thousands of other words in English Cobuild dictionary from Reverso. Only after taking the cognizance of offences, the judiciary comes into picture.
In this case, the law partly out of regard for the susceptibilities of the accused and partly to inspire confidence in the administration of justice allows the accused right to claim to be tried before another Magistrate. The provision of Section 195 1 a being mandatory, any private prosecution in respect of the said offences is totally barred. This he may do irrespective of the view expressed by the police in their report whether an offence has been made out or not. The absence of complaint as required by the section is fatal to the prosecution and it is an illegality which vitiates the trial and conviction. The -g- was restored in English spelling 15c.