Court sets aside magistrate’s order taking cognisance of chargesheet

New Delhi, Apr 18 (PTI) A court here has set aside the order of a magistrate taking cognisance of chargesheet against three accused, observing that it did not mention the penal offences nor the facts which were considered.

The court sent the matter back to the judicial officer. It directed the magistrate to pass a “detailed order” mentioning the facts which were considered along with the Indian Penal Code (IPC) offences under which the magisterial court took cognisance.

Principal District and Sessions Judge (south) Madhu Jain was hearing three revision petitions against a magisterial court taking cognisance of the charges against Gautam Kumar, Isha and Abhishek in February this year.

The court noted, according to the complainant, Kumar raped her on the pretext of marriage and also threatened to kill her. In the case she filed at Pushp Vihar police station, she said when she went to Kumar’s house for a conversation, his friends Isha and Abhishek assaulted her.

It noted that after a chargesheet was filed, the magisterial court took cognisance and listed the matter for further proceedings, including scrutiny of documents.

The three moved revision petitions against the magistrate taking cognisance of the chargesheet. They assailed the order on grounds that no material had been placed on record to establish the basis of the allegations against them and that it was passed without specifying the offences, the court noted.

In an order dated April 15, the sessions court said, “It is a settled law that at the time of taking cognisance, the court is not required to go into the merit of the case but when the matter is at the stage of taking cognisance, the court is also required to mention in detail the facts which have been taken into consideration for taking cognisance of the offence.”

But the order “simply mentioned” that the magistrate had taken cognisance, the court said, adding, the IPC provisions under which cognisance was taken were also not mentioned.

Setting aside the order, the court sent the matter back to the magistrate with a direction to pass a “detailed order regarding taking of cognisance against the revisionists or accused persons signifying illustrations for the offences of which the cognisance has been taken, after considering the facts and circumstances of the case.”

The three accused were directed to appear before the magisterial court on May 7.