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1 - 10 of 34 (1.17 seconds)Section 190 in The Indian Penal Code, 1860 [Entire Act]
Section 209 in The Indian Penal Code, 1860 [Entire Act]
Section 319 in The Indian Penal Code, 1860 [Entire Act]
Dharam Pal & Ors vs State Of Haryana & Anr on 18 July, 2013
Another situation incidental to the issue discussed
above may arise when all the persons accused in a case
triable by the court of sessions are exonerated by the
police and are not sent up for trial. The question which
obviously would crop up to what course would be left for
the Magistrate to take up. One by taking recourse of the
ratio laid down in the case Dharam Pal vs. State of
Haryana (supra) may put his point that the Magistrate
would be handicapped to take cognizance of the offence as
the accused persons have not been sent up for trial. That
approach in any view never gets sanction of law when the
provision as contained in Section 190(1)(b) of the Code
empowers a Magistrate to take cognizance of the offence
though Hon'ble Court in the case referred to above has
been pleased to hold that the Magistrate does not have
power to take cognizance of the offence against the
persons not sent up for trial but that proposition has been
laid down on the premise that the cognizance is taken of
the offence and not against the offender and therefore,
once the cognizance is taken, question of taking
cognizance of the same offence does not arise and
therefore, their Lordships have been pleased to observe
that it is either for the Magistrate or to the court of session
to take cognizance of the offence. But in a case where all
the persons who were the accused are not sent up for trial
the Magistrate would not be in a position to take recourse
of the provision of Section 209 of the Code for committal of
the case to the court of session and thereby it would be
travesty of justice that even if materials are there against
the accused person they may not be put to trial. This
approach if adopted it would be against scheme of the
Code wherein the provision as contained in Section 190(1)
Section 193 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 204 in The Indian Penal Code, 1860 [Entire Act]
Rajinder Prasad vs Bashir & Ors on 19 September, 2001
Similar view has been taken subsequently also in a
case of Rajinder Prasad vs. Bashir and others (supra)
wherein it has been held as under :
Nupur Talwar vs Cbi & Anr on 7 June, 2012
Here in the instant case as has been noted above,
the Magistrate by differing with the opinion of the police
has taken cognizance of the offence against the petitioner
who had not been sent up for trial and thereby he seems to
have committed wrong in view of the decisions referred to
above.