Revisional jurisdiction — Order taking cognizance — Scope of interference — Criminal Revision Case filed challenging order of Magistrate taking cognizance against petitioners/accused Nos.3 and 4, though they were deleted from charge sheet by police — Trial Court, on application of de facto complainant, took cognizance against all accused based on material on record including sworn statement — Held, order taking cognizance is not a final adjudication and is based on prima facie satisfaction — Revisional Court cannot interfere at such stage when material discloses prima facie case. (Paras 3–5)

advocatemmmohan

Criminal Procedure Code, 1973 — Sections 397 & 401 — Revisional jurisdiction — Order taking cognizance — Scope of interference —

Criminal Revision Case filed challenging order of Magistrate taking cognizance against petitioners/accused Nos.3 and 4, though they were deleted from charge sheet by police — Trial Court, on application of de facto complainant, took cognizance against all accused based on material on record including sworn statement — Held, order taking cognizance is not a final adjudication and is based on prima facie satisfaction — Revisional Court cannot interfere at such stage when material discloses prima facie case.

(Paras 3–5)

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Criminal law — Cognizance — Power of Magistrate —

Held, Magistrate is not bound by opinion of investigating agency and can take cognizance against persons not charge-sheeted if material on record discloses their involvement — Sworn statements and complaint material can be relied upon for such purpose.

(Para 5)

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Revisional jurisdiction — Disputed questions of fact —

Held, issues involving appreciation of evidence or disputed facts cannot be adjudicated at the stage of revision against order taking cognizance — Such matters are to be examined during trial.

(Para 5)

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Criminal proceedings — Stage of cognizance — Scope —

Held, at the stage of taking cognizance, Court is required only to see whether prima facie case is made out — Detailed examination of merits or defence is impermissible.

(Para 5)

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Directions — Expeditious trial —

Held, trial Court directed to dispose of main case expeditiously, preferably within a period of three months, without granting unnecessary adjournments.

(Para 6)

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RATIO DECIDENDI

An order taking cognizance based on prima facie material, including sworn statements, cannot be interfered with in revisional jurisdiction merely because the accused were not charge-sheeted, as the Magistrate is competent to take cognizance independently of the police report and disputed factual issues are to be adjudicated at trial.