show commission of offence and taking cognizance of the offence without recording sworn statement of the complainant is not bad.
6. Adverting to the said ... respondent that the Magistrate can take cognizance of the offence without recording sworn statement of the complainant under Section
enquiry under Section 200 -
i.e. after recording the sworn statement of the complainant
and his witnesses if any present if the requisite satisfaction
that ... Metropolitan Magistrate could issue process against the accused
without recording the sworn statement of the complainant, in
respect of an offence alleged under Section
gravely erred in issuing process against the petitioner without recording the sworn statement of the complainant; and that the Court below has , on the basis ... ding to the learned counsel for the petitioner, the recording of sworn statement cannot be dispensed with as the same is mandatory under the provisions
their individual capacity, it was
necessary for the trial Court to record
sworn statement and taking cognizance,
issuing the process without recording
sworn statement
complaint, notice should be
issued to the accused, without recording sworn statement of the
complainant, or notice should be issued to the accused after
recording ... complaint,
notice should be issued to the accused, without
recording sworn statement of the complainant, or notice
should be issued to the accused after recording
complaint, notice should be
issued to the accused, without recording sworn statement of
the complainant, or notice should be issued to the accused after
recording ... complaint, notice should be
issued to the accused, without recording sworn statement of
the complainant, or notice should be issued to the accused
after recording
2013. The
learned Magistrate, after receiving the complaint proceeded to
record the sworn statement and after recording the sworn
statement, issued the process against these ... take note of the fact
that the learned Magistrate has recorded the sworn statement of
the complainant and other witnesses after 1 year 10 months
commission of these offences. The Sub-Magistrate of Dharmapuri without recording the sworn statement of this complainant and without recording his reasons for postponing ... ground that inasmuch as the Sub-Magistrate had not recorded the sworn statement of Subramania Asari and had postponed the issue of process without recording
N.P. Amruthesh vs State Of Karnataka And Others on 4 September, 1997
Equivalent citations
recording of the
sworn statement and the complainant remains absent throughout.
On 07-10-2023 sworn statement of the complainant is recorded
after 10 years ... sworn
statement of the complainant. He does not appear for 5 years and
after 5 years appears and tenders his sworn statement. After
recording
