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Showing contexts for: SUBRAMANIAN SWAMY in Prem Prakash Sharma vs The State Of Bihar Through General ... on 23 April, 2014Matching Fragments
The meaning of the said expression was also considered by this Court in Subramanian Swamy case6.
15. The judgments referred to herein above clearly indicate that the word "cognizance" has a wider connotation and not merely confined to the stage of taking cognizance of the offence. When a Special Judge refers a complaint for investigation under Section 156(3) Cr.P.C., obviously, he has not taken cognizance of the offence and, therefore, it is a pre- cognizance stage and cannot be equated with post- cognizance stage. When a Special Judge takes cognizance of the offence on a complaint presented under Section 200 Cr.P.C. and the next step to be taken is to follow up under Section 202 Cr.P.C. Consequently, a Special Judge referring the case for investigation under Section 156(3) is at pre- cognizance stage.