2015 AIR SCW 4066 ::AIR 2015 SC( Cri) 1384 ::2015 (3) AIR Kant HCR 769 ::(2015) 2 MadLW(Cri) 657 ::(2015) 3 CriLR(Raj) 769 ::(2015) 3 BomCR(Cri) 679 ::(2015) 4 DLT(CRL) 300 ::(2015) 3 CurCriR 218 ::(2015) 3 AllCriR 2865 ::2015 CriLR(SC&MP) 769 ::(2015) 3 Mad LJ(Cri) 758 ::(2015) 3 RecCriR 570 ::(2015) 7 Scale 404 ::2015 CriLR(SC MAH GUJ) 769 ::(2015) 2 ALD(CRL) 798 ::2016 CalCriLR 1 48 ::(2015) 3 Crimes 230 ::2015 (9) SCC 609 ::(2015) 3 AllCriLR 645 ::(2016) 3 Mh LJ (Cri) 1 ::(2015) 61 OCR 1074 ::(2015) 3 JLJR 412 ::(2015) 3 Ker LT 382 ::(2015) 3 Raj LW 2237 ::(2015) 3 Pat LJR 508 ::(2015) 2 UC 1422 ::(2015) 91 AllCriC 371 ::2015 AllMR(CRI) 2898 ::(2015) 153 AllIndCas 243 (SC)

Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): T. S. Thakur, R. Banumathi , JJ

(A) Criminal P.C. (2 of 1974) , S.190, S.200— Taking cognizance of offence - Mere examination of complainant upon oath - Does not mean Magistrate has taken cognizance of offence - Taking of cognizance means application of mind to contents of complaint and taking judicial notice of an offence. Words and Phrases - Word 'Cognizance'. A Magistrate takes cognizance of an offence when he decides to proceed against the person accused of having committed that offence and not at the time when the Magistrate is just informed either by complainant by filing the complaint or by the police report about the commission of an offence. 'Cognizance' therefore has a reference to the application of judicial mind by the Magistrate in connection with the commission of an offence and not merely to a Magistrate learning that some offence had been committed. Only upon examination of the complainant, the Magistrate will proceed to apply the judicial mind whether to take cognizance of the offence or not. Under Section 200, Cr.P.C., when the complainant is examined, the Magistrate cannot be said to have ipso facto taken the cognizance, when the Magistrate was merely gathering the material on the basis of which he will decide whether a prima facie case is made out for taking cognizance of the offence or not. 'Cognizance of offence' means taking notice of the accusations ....