PITAMBAR BUHAN Vs. STATE

JUDGEMENT

(1.) What is meant by taking cognizance under the Code of Criminal Procedure, 1973 (in short 'the Code'), and the scope for interference with an order taking cognizance form the subject-matter of adjudication in this case.

(2.) Advertence to factual aspects shall be made later, because analysis of the aforesaid legal positions would have effect thereon.

(3.) Section 190 of the Code deals with power of the Magistrate to take cognizance. It provides that subject to the provisions of Chapter XIV, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence, - (a) upon receiving a complaint of facts, which constitute such offence; (b) upon a police report of such facts, and (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. Section 191 obliges the Magistrate when he takes cognizance of an offence under Clause (c) of sub-section (1) of S. 190, to inform the accused when he appears before him, that he is entitled to have the case inquired into or tried by another Magistrate. Section 193 provides that except as otherwise expressly provided in the Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under the Code.