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1 - 10 of 23 (0.24 seconds)Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 325 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
The State Of Maharashtra.Thr.The ... vs Shri.Dharmraj Janardhan Tandel And Ors on 22 July, 2019
The Civil Judge (J.D.)/Judicial Magistrate, Banshi, District Siddarthnagar is directed to decide afresh the issue for taking cognizance and summoning the applicant and pass appropriate orders in accordance with law keeping in view the observations made by this Court as well as the direction contained in the judgments referred to above within a period of three months from the date of production of a certified copy of this order.
Sunil Bharti Mittal vs Cbi on 9 January, 2015
In the case of Sunil Bharti Mittal v. Central Bureau of Investigation, AIR 2015 SC 923, the Hon,ble Apex Court was pleased to observe in paragraph no.47 of the judgment as under:
Darshan Singh Ram Kishan vs State Of Maharashtra on 2 September, 1971
In the case of Darshan Singh Ram Kishan v. State of Maharashtra , (1971) 2 SCC 654, the Hon'ble Court was pleased to observe that the process of taking cognizance does not involve any formal action, but it occurs as soon as the Magistrate applies his mind to the allegations and, thereafter, takes judicial notice of the offence. As provided by Section 190 of the Code of Criminal Procedure, a Magistrate may take cognizance of an offence either, (a) upon receiving a complaint, or (b) upon a police report, or (c) upon information received from a person other than a police officer or even upon his own information or suspicion that such an offence has been committed. As has often been held, taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate applies his mind to the suspected commission of an offence. Cognizance, therefore, takes place at a point when a Magistrate first takes judicial notice of an offence. This is the position whether the Magistrate takes cognizance of an offence on a complaint, or on a police report, or upon information of a person other than a police officer. Therefore, when a Magistrate takes cognizance of an offence upon a police report, prima facie he does so of the offence or offences disclosed in such report."
Ankit Bharti vs State Of U.P. And Another on 2 March, 2020
In the case of Ankit Vs. State of U.P. And another passed in Application U/S 482 No.19647 of 2009 decided on 15.10.2009, this Court was pleased to observe in paragraph No.8 of the judgment as under:-