Magistrate cannot take cognisance twice in same case: Allahabad HC
Lucknow, Sep 11 (PTI): The Allahabad High Court held on Friday that once a judicial magistrate takes cognisance of an offence, he cannot take cognisance in the same case again or use a subsequent protest petition to reopen or modify the earlier orde.
Lucknow, Sep 11 (PTI): The Allahabad High Court held on Friday that once a judicial magistrate takes cognisance of an offence, he cannot take cognisance in the same case again or use a subsequent protest petition to reopen or modify the earlier order.
The Lucknow bench of the court also held that a magistrate cannot add or delete offence sections while taking cognisance of a police chargesheet, observing that any additional offence can be considered at the stage of framing charges.
Justice Shree Prakash Singh passed the order while quashing a May 22 order of the chief judicial magistrate of Uttar Pradesh's Gonda district.
The case relates to a 2025 FIR registered at the Nawabganj police station, naming Akhilesh Singh, Shekhar Singh and Alpana Singh as accused. Police later filed a chargesheet against Akhilesh Singh and Shekhar Singh, while submitting a final report in favour of Alpana Singh.
On November 17, 2025, the magistrate took cognisance and summoned Akhilesh Singh under Bharatiya Nyaya Sanhita sections 115(2) (voluntarily causing hurt), 351(2) (criminal intimidation), 352 (intentional insult with intent to provoke breach of peace), 324(2) (mischief) and 109(1) (attempt to murder), while Shekhar Singh was summoned under sections 115(2) (voluntarily causing hurt), 351(2) (criminal intimidation) and 352 (intentional insult with intent to provoke breach of peace).
A protest petition was subsequently filed against the final report concerning Alpana Singh. While deciding it on May 22, the magistrate summoned Alpana Singh and also added sections against Shekhar Singh.
Alpana Singh challenged the order before the high court.
The high court noted that cognisance was already taken against Shekhar Singh on November 17, 2025, and held that taking cognisance against him again and adding sections are not permissible.
It held that a magistrate cannot review or modify an earlier cognisance order through a protest petition and cannot add or delete offence sections at that stage.
"If an additional offence is required to be considered, the appropriate stage is that of framing of charges," the court said.
The high court consequently set aside the May 22 order and directed the trial court to proceed in accordance with law. PTI COR KIS RC
(This story is published as part of the auto-generated syndicate wire feed. No editing has been done in the headline or the body by ABP Live.)
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