Cognizance by court
Cognizance by court legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Ipsi dixit opinion of Investigating Officer was not binding.
Opinion of Investigating Officer who supervised the investigation in FIR concluding falsity of allegations by no stretch of imagination could be taken into consideration.
Trial Court can take cognizance of offences even in case of negative report submitted by police that accusation is baseless and no case is made out against the delinquents.
Grievance of accused was that Trial Court had wrongly taken cognizance in the case though the Investigating Officer submitted his report under S.173, Cr.P.C. in 'C' class
Validity
Case of accused was that no such incident had taken place as alleged in FIR but such fact was denied by prosecution
Words against words existed and factual controversies were floating on the surface of record with regard to facts of the case and the same could not be decided by High Court at such a stage
Trial Court had already taken cognizance of the case, the FIR registration in that case could not be quashed and the fate of the case and accused persons challaned therein was to be determined by Trial Court itself
If after taking cognizance of the case by Trial Court, accused deemed himself to be innocent and falsely implicated and he wished to avoid the rigors of trial, then the law had provided him a remedy under Ss.249-A/295-K, Cr.P.C., to seek his premature acquittal from Trial Court if the charge against him was groundless or there was no probability of his conviction
Remedy was available to accused for rederssal of his grievances by approaching to Trial Court for filing proper application in support of his case
Application was dismissed in circumstances.
"Cognizance by court", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124963251
Precedents & Case Laws citing "Cognizance by court"
P L D 1960 Dacca 608
HAMEDALI FAKIR‑Appellant Versus KAZI ABDUL KHALEQ AND OTHERS‑Respondents
Court:1979 P Cr
ALI HUSSAIN-Applicant Versus THE STATE-Respondent
Court: KarachiP L D 1960 Dacca 907
MAJID BISWAS AND OTHERS‑Petitioners Versus ADILUQDIN SHAIKH‑Opposite‑Party
Court:2022 P Cr
JUNAID MASEEH — Petitioner Versus The STATE through PS CTW, FIA, Islamabad and 2 others — Respondents
Court: Islamabad2017 M L D 1993
NADEEM AKHTAR BUTT — Applicant Versus The VITH JUDICIAL MAGISTRATE MALIR, KARACHI and another — Respondents
Court: SindhP L D 1959 (W
SALIM ULLAH BEG — Appellant Versus Mst. MOTIA BEGUM and another-Defendant-Respondents
Court:1978 P L D Lahore 1082
LAHORE-Petitioner Versus Ch. RIAZ AHMAD AND ANOTHER-Respondents
Court: S. 295-A read with Criminal Procedure Code (V of 1898), S. 196Cogniaance of offence-Mere fact of entertaining a complaint and recording statement of complainant on oath and some other preliminary evidence or summoning of witnesses-Does not amount to taking of cognizance by Court-Private complaint under S. 295-A,1'. P. C. filed by an unauthorized person, in disregard of S. 196, Cr. P. C. Proceedings before trial Court, held, without jurisdiction notwithstanding Court having recorded preliminary evidence.-Cognizance of offenceComplaint.1998 M L D 379
Mst. IQBAL SAJJAD — Petitioner Versus Syed FARZAND ALI and 2 others — Respondents
Court: Lahore1986 C L C 2057
Mst. GHULAM FATIMA — Appellant Versus FAZAL and others — Respondents
Court: ---Ss. 100, 102 & 115--Second appeal--Right of--Conversion of revision into second appeal--At time of institution of suit party having right to prefer second appeal, held, would have such right intact in spite of subsequent amendment of -S. 102, Civil Procedure Code, taking away right of second appeal--Revision filed by party under misapprehension of such right converted into second appeal by High Court.-- Revision (civil).1988 P Cr
YAR MUHAMMAD and 12 others — Applicants Versus THE STATE — Respondent
Court: Karachi