COGNIZANCE
"Cognizance"
and "Prosecution"
"Cognizance"
means taking notice of an offence by a "Criminal Court" initiating a
ju- dicial proceeding against an accused or tak- ing steps to see whether there
is any basis for initiating any proceeding. "Prosecution" on the
other hand, means bringing specific accusations against the ac- cused before
the Court which, if satisfied. frames a formal charge and calls upon the
accused to answer the same and proceeds with the trial. If no satisfactory
ground for presenting the accused is found, be is dis- charged by the Court.
Prosecution of the ac- cused commences when the court hears the accusations and
examines the materials on record for framing a formal charge against the
accused. Abdur Gafur Vs. The State, 15BLD (HCD)604
Cognizance
Since
there is no requirement of law to record reasons for taking cognizance and as
such there is no illegality in taking cogni- zance of the accused persons
without assigning any reasons. Shainpukur Holding Ltd Vs. Security Exchange
Commission, 18BLD (HCD)61
Cognizance
Sessions
Judge cannot direct the Magis- trate to take cognizance of a case. The power of
Sessions Judge is strictly limited to di- recting a further enquiry into the
petition of complaint. It will be for the Magistrate con- cerned to take or not
to take cognizance after the result of the further enquiry. A. Rouf and others
Vs. The State and another, 20BLD (HCD) 162H
Cognizance
Neither
the Sessions Judge nor the High Court Division has power to direct the
Magistrate to take cognizance of a case. Their power is strictly limited to
directing a further enquiry into the petition of complaint. It is for the
Magistrate to take or not to take cog- nizance on holding further enquiry-Code
of Criminal Procedure, 1898 (V of 1898) Sec- tions.203, 436, 439A and 561A
Yusuf
A Hassan Vs K M RezaulFirdous, 16BLD(AD)55 Ref: 35 DLR 140; 36 DLR (AD)58-
Cited
Cognizance
Examination
of the complainant under section 200 Cr.P.C. is essential when a com- plaint is
filed before the Magistrate. A 'naraji' petition is regarded as a fresh
complaint and as such the examination of the complainant under Section 200
Cr.P.C. is also necessary. Abu Bakar and others Vs. The State, 16BLD(HCD)283
Ref:
37DLR227; 36DLR(AD)58;19 DLR (SC) 426; 31 DLR (AD) 69; 38 DLR(AD) 18, 8 BLD
438; 1968 Pakistan Criminal Law Journal, 1867 Cited
Cognizance
Section
27(1) of the Act though empowerers a Special Tribunal to take cognizance of an
offence triable under this Act without the accused being committed to it for
trial, the Magistrate has still then jurisdiction to discharge an accused in
an appropriate case despite the fact that the case is triable exclusively by
the Special Tribunal. Narayan Chandra Das Vs. The State and another, 16BLD(HCD)421
Cognizance
When
the incriminating articles allegedly recovered from the accused do not attract
the mischief of the Arms Act the Special Tribunal has no jurisdiction to take
cognizance of the alleged offence and to try the case-Arms Act, 1878 (XI of
1878) Section 4
Nesar
Ahmed @ Babul Vs. Govt. of Bangladesh and another, 17BLD (AD) 151
Cognizance
When
it appears to the High Court Division that the dispute between the parties is
of civil nature and it should be decided by the civil Court and the contending
parties have already filed civil suits for adjudication of their respective
claims, the criminal Court should not take cognizance of such a dispute-Cr.P.C Section-561A
AnsarulHaque
Vs. Abdur Rahim and 4 others, 17BLD (AD) 143
Cognizance
Only
a Sessions Court can take cognizance in respect of the offence regarding antiquities but in the instant case, the cognizance was purportedly taken by
the Special Tribunal. In view of section 28 of the Antiquities Act, such
taking of cognizance by the Special Tribunal is without jurisdiction and
illegal-Antiquities Act, 1968(XIV of 1968) S.28
Md
Khalilur Rahman Vs. The State, 19BLD (HCD) 476
Prosecution for offences
against the State
Section 196 of the Code of
Criminal Procedure provides that no Court shall take cognizance of any offence
punishable under Chapter VI or IXA of the Penal Code (except section 127), or
punishable under section 108A, or section 153A, or section 294A, or section
295A or section 505 of the same Code, unless upon complaint made by order of,
or under authority from, the Government, or some officers empowered in this
behalf by the Government. Shamsuddin Ahmed and others Vs. The State and
another, 20BLD(HCD) 268
Cognizance
Cognizance of a case, when the Magistrate issues warrant of arrest. Kh. Ehteshamuddin Ahmed Vs. Bangladesh and others. (1981) 33 DLR (AD) 154.
The order sheet shows that on receiving charge sheet the learned Sub-Divisional Magistrate passed an order on May 10, 1978 for issuing warrant of arrest against some of the accused and for production of some of the other accused by the surety. With reference to this order of the Sub-Divisional Magistrate the learned Attorney-General correctly submitted that this order sufficiently indicates that cognizance of the case was taken by the learned Sub- Divisional Magistrate, and he was in seisin of the case. Kh. Ehteshamuddin Ahmed Vs. Bangladesh and others. (1981) 33 DLR (AD) 154.
Magistrate failed or omitted to stop the investigation. Such failure or omission resulted in the subsequent illegal actions. For securing the ends of justice, this Court should formally record an order about stopping the investigation. But in reality the case has already proceeded to the stage of cognizance and framing of charge. The proper course of action would be to treat the investigation as having been stopped and to quash the subsequent proceeding. Sohrab Ali Dewan vs State, 64 DLR 106
