Bombay HC: The Magistrate and Sessions courts must apply their mind before taking cognizance of offence against an accused

 The orders are not required to be passed without application of mind and mechanically even by a Sessions Judge. Thereafter, in the present matter on 04.04.2019 there is order by learned District Judge-4/Additional Sessions Judge for issuance of process against the accused. It is to be noted that Section 14 of the Atrocities Act came to be amended with effect from 26.01.2016 and it made provision for power to take cognizance of the offence directly to the Special Court. Meaning thereby, there was no necessity of committal of the case by Judicial Magistrate First Class. In other words, the Investigating Officer was supposed to file the charge sheet directly before the Special Court established under the Atrocities Act and thereupon such Court was empowered to take cognizance directly of the offences under the Atrocities Act. Here, in this case, no such procedure has been adopted. In fact, we deprecate use of stamp for the orders of taking cognizance. Because taking of cognizance of an offence, involves the process of application of mind and it should be specifically mentioned for which offences the cognizance has been taken. There might be such circumstances that some of the offences are not made out though the Investigating Officer mentions it in charge sheet. Here, there is no such detailed order, but we take that the cognizance has been taken in respect of offence under Section 295-A, 153-A of the Indian Penal Code and Section 3(v) of the Atrocities Act. Learned District Judge-4 (it ought to have been ‘Special Judge, under the S.C. & S.T. Act’) had not even considered the point of sanction under Section 196 of the Code of Criminal Procedure at the time of taking cognizance. 

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

901 CRIMINAL APPLICATION NO.2375 OF 2019

Dnyaneshwar Rohidas Wakale, Vs   The State of Maharashtra

CORAM : SMT. VIBHA KANKANWADI &

S.G. CHAPALGAONKAR, JJ.

DATE : 19th SEPTEMBER, 2024

Citation: 2024:BHC-AUG:22690-DB

ORDER : (PER : SMT. VIBHA KANKANWADI, J.).

Read full Judgment here: Click here.

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