shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial ... section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry
Magistrate dated 9.2.2011.
8. The order passed by the Magistrate on 9.2.2011 was startlingly
criticized for being unnecessarily exhaustive. The Magistrate was accused
of discussing ... available to the Magistrate. The Magistrate could have directed the police
to carry out further investigation. As noticed hereinabove, the Magistrate
inspite of the submission
investigation led to the submission of a
report to the Magistrate, the Magistrate took cognizance of
the offence on receipt of the police report ... investigation led to the submission of a report to the
Magistrate, the Magistrate took cognizance of the offence on
receipt of the police report
statements of
those witnesses and after application of mind, the
learned Magistrate took cognizance of offences and
issued summons under Sections ... Court in not taking cognizance. It was
submitted that taking of cognizance was within the
domain of the Magistrate and not within the power,
authority
cognizance action
and the other post-cognizance action. While Chapter 14
containing s. 190 deals with post-cognizance stage, Chapter
12, so far as Magistrate ... first is
exercisable at the pre-cognizance stage, the
second at the post-cognizance stage when the
Magistrate is in seisin of the case. That
Procedure, 1973
191. Transfer on application of the accused.
- When a Magistrate takes cognizance of an offence under clause (c) of sub-section ... 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
appellant had filed a detailed complaint
before the Magistrate. The record shows that the Magistrate took cognizance
and fixed the matter for recording ... cognizance of the offence. One should not confuse taking of
cognizance with issuance of process. Cognizance is taken at the initial
stage when the Magistrate
Magistrate subordinate to him.
(2) Any Magistrate of the first class empowered in this behalf by the
Chief Judicial Magistrate may, after taking cognizance ... Magistrate as
the Chief Judicial Magistrate may, by general or special order, specify,
and thereupon such Magistrate may hold the inquiry or trial.
193. Cognizance
been committed.
The Chief Judicial Magistrate may empower any Magistrate of the second
class to take cognizance under sub-section (1) of such offences ... amply shows that no restriction is imposed on the Magistrate that
Magistrate can take cognizance only for the offence triable by Magistrate
Court
been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences ... also issue warrant for production, before taking cognizance. If after cognizance has been taken and the Magistrate wants any investigation, it will be under Section
