AJIT KUMAR PALIT Vs. STATE

JUDGEMENT

(1.) On the view expressed by a Division Bench of S.K. Sen, J. and K.C. Sen, J. by their order of reference dated the 31st August. 1960 the learned Chief Justice constituted this Full Bench for determination of the following points raised on the order of reference :

(2.) Taking cognizance is a well-known but undefined concept in criminal jurisprudence. The Criminal Procedure Code does not define the word "cognizance". There is no statutory definition of what cognizance means. Judicial decisions however have indicated the character and nature of cognizance in criminal jurisprudence-It is unnecessary to review in detail the long line of authorities and cases discussing the idea and nature of cognizance. I need only cite the observations of Kama, C. J. in the Supreme Court decision in R.R. Chari v. State of U. P., as being the most authoritative pronouncement on the subject;

(3.) Having indicated the nature and concept of cognizance in criminal jurisprudence, the point for decision of this Full Bench Reference is how a Special Judge appointed under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 takes cognizance of the case which is distributed to him under Section 4 (2) of the Act, before its amendment by the West Bengal Criminal Law Amendment (Special Courts) (Amending) Act, 1960 prescribing the methods of taking cognizance under Section 190 (1) (a) and (b) of the Criminal Procedure Code.