• Power of Magistrate to take cognizance

In case the Magistrate has ordered the  Police to lodge FIR and is awaiting the final report, if even after a long time the final report has not been filed, can the magistrate take cognizance and proceed with recording statements of the witnesses?
Asked in Criminal Law from Bhopal, Madhya Pradesh
Yes. Even If a FIR is registered/under investigation, the Magistrate can take cognizance of the complaint.
In Private complaint he can take cognizance of other persons as well and add additional sections at the time of cognizance itself.
H. S. Thukral
Advocate, New Delhi
529 Answers
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Dear Querist
when in a case the FIR has been registered and the police has not filed Chargesheet or Final report then the magistrate can pass an order for status report but can not take cognizance on complaint till the final report filed by the police.
the magistrate have power to accept or reject the Final Report.
Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
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here mr. qureshi is correct
Avdhesh Chaudhary
Advocate, Greater Noida
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