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1 - 10 of 16 (0.37 seconds)Section 3 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 4 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
State Of Maharashtra & Anr vs Mohd. Sajid Husain Mohd. S. Husain Etc on 10 October, 2007
iii) To set aside the charge sheet dated 13.12.2021 & cognizance dated 15.12.2021 along with the entire proceeding arising out from the S.T. No. 182 of 2021 arising out of case crime no. 238 of 2021 (State Vs. Sajid), U/S 363,376 I.P.C. & Under Section 3/4 of POCSO.Act registered in P.S.-Baghpat District-Baghpat pending in the court of learned Apper District Session Judge Court no. 5 /Special Judge Gangster Act Civil Court Baghpat in the interest of justice.
Section 363 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Luckose Zachariah @ Zak Nedumchira Luke vs Joseph Joseph on 18 February, 2022
An application by the accused-applicant that he be released from jail in view of the report under Section 169 Cr.P.C. was rejected by the trial court vide its order dated 01.09.2020. The present petition is thus being filed with the aforesaid prayers. The law with regards to filing of a subsequent report after further investigation especially in the nature of a final report when a charge-sheet has been submitted earlier, at which the court concerned has taken cognizance, is trite. The Apex Court in the casese ofVinay Tyagi (supra) andLuckose Zachariah @ Zak Nedumchira Luke (supra) has held that in such a situation both their reports have to be seen by the trial court concerned and considered at the appropriate stage. Insofar as the taking of cognizance upon the charge-sheet by the trial court is concerned, the same cannot be wiped off after filing of a final report. The trial court also cannot even review its order and undo the same. The same can only be set aside by a superior court if in a given situation it considers it fit and proper.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Union Of India vs Prakash P. Hinduja & Anr on 7 July, 2003
In sum and substance, the situation is that cognizance once taken, cannot be withdrawn or set aside by the same court as has been held by the Apex Court in the case of Union of India Vs. Prakash P. Hinduja and Anr., AIR 2003 SC 2612. The final report once filed and after reaching the court, is to be considered by the trial court at the appropriate stage. Once the accused has been arrested and has been remanded to custody, merely filing of a final report at a subsequent stage after further investigation, cannot be released on filing of such report. His custody is a legal custody. The law has to take its own course for release of the accused who is under custody. The cognizance on the charge-sheet has been taken which stands till date. The appreciation and consideration of the opinion of the Investigating Officer while forwarding the report under Section 169 Cr.P.C. and the material in support thereof has to be judged by the trial court at an appropriate stage, simultaneously, with all the evidence collected on the basis of which charge-sheet was submitted and cognizance was taken.