Wednesday, 14 June 2017

Whether magistrate can take cognizance of offence on basis of supplementary charge-sheet?

 Now, I am to consider
if the learned Magistrate is debarred from taking cognizance twice.20. When police submits supplementary charge-sheet disclosing in
addition/alteration and deletion of any offence mentioned in charge-sheet at
the first instance, the magistrate can take further cognizance in terms of
Section 190(1)(b) read with Section 173 (5) of Cr.P.C., because 190(1)(b) can
be invoked only in respect of a police report. Therefore, magistrate may
consider any further report given in supplementary charge-sheet, because it
is also a police report. Section 190(1)(b) does not say that magistrate cannot
take cognizance further on the basis of supplementary charge-sheet.
Otherwise Section 173(5) of Cr.P.C. shall remain in the statute only without
any application. Therefore, issue no (a), (b), (c) are decided accordingly, in
favour of the prosecution.
C.R.R. No. 1396 of 2011
(Ahok Kr. Todi vs. C.B.I.)

Present :  Justice Siddhartha Chattopadhyay

Judgment Delivered On : 12.06.2017.

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