ANAND SHARMA Vs. STATE

JUDGEMENT

(1.) This petition seeks setting aside of order dated 30.11.98 whereby the learned Magistrate took cognizance of the offence against the accused who was arrayed in column number 2 by presumably invoking the provisions of section 319 Cr.PC.

(2.) Admittedly, the petitioners were arrayed in column no.2 in the charge sheet submitted U/S 173 CrPC. It means that the police did not find sufficient material emanating from the investigation for trial of the petitioner as accused. It appears that the learned Magistrate took the cognizance against the petitioner under the misconceived notion that he was taking the cognizance U/S 190 of the CrPC.

(3.) Section 190 of the CrPC empowers the Magistrate to take cognizance of any offence upon receiving the complaint of facts which constitute such offence or upon the police report on such facts or upon information received from any person or upon his knowledge that such offence has been committed.