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  • Writer's pictureChambers of Daksha Kumar

Once cognizance is taken, magistrate cannot review own order and drop provisions: Allahabad HC

Once a magistrate has taken cognizance of the offence, he or she cannot review his or her order. Under the Cr.P.C., they have no authority to review their decision.

A petitioner's appeal to withdraw the cognizance under section 308 of the IPC was denied by the session court and chief judicial magistrate in a case. The order of the session court is supported by Justice Raj Beer Singh.

According to the Code, once a magistrate has taken cognizance of an offence under section 147/323/324/325/504/506/308 IPC, he does not have the authority to review or remove section 308 of the IPC from the cognizance.

However, a petitioner might make a plea before the session court that no offence has been committed under section 308 of the IPC.

The accused was charged with multiple offences under sections 147 (rioting), 323, 324 (voluntarily inflicting pain), 325 (voluntarily causing grievous hurt), 504 (intentional insult), and 506 (criminal intimidation) of the IPC in an FIR, however, Section 308 was added during the inquiry.

The accused responded by filing a petition in court, claiming that no infraction was committed under section 308 and that it was inserted by the police during the inquiry. As a result, it should be discontinued.

This application was denied by the court, and the cognizance was not withdrawn. Later, the petitioner went to the High Court. The matter was reviewed by the High Court, which considers the scope of judicial power under article 227.

The court has stated that the judicial ability to revoke or reconsider an order is quite limited.

The bench stated that the court should only use its power in circumstances where maintaining order is required under its authority.

Article 227 states that the court cannot reappraise the evidence or form subjective opinions only based on the court's findings. Thus, the court upheld the session court's decision and dismissed the petition.

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