LI Network
Published on: October 9, 2023 at 00:30 IST
The Madras High Court, has clarified that during the stage of taking cognizance, Magistrates are not empowered to assess the veracity of witnesses.
The court’s decision came in response to a criminal original petition filed under Section 397 read with Section 401 of the Criminal Procedure Code (CrPC), seeking to overturn an order by the Judicial Magistrate Court and allow the revision petition.
Justice P. Dhanabal, presiding over the Single Bench, emphasized, “At the stage of taking cognizance, the learned Magistrate cannot delve into the credibility of witnesses. The Magistrate’s role is to determine if there is prima facie material available to constitute the offense. In this case, the Magistrate dismissed the private complaint without due consideration of the petitioner’s evidence and supporting documents. Hence, the magistrate’s order is untenable.”
The petitioner, represented by Advocate R. Karunanidhi, alleged that he was assaulted and humiliated by the Sub-Inspector of Police and another individual. Following the incident, false charges were levied against him under Sections 294(b), 353, and 506(i) of the Indian Penal Code.
The petitioner contended that the Magistrate failed to assess the complaint’s contentions and pertinent documents, basing the dismissal on inconsistencies within witness statements.
The High Court, analyzing the case’s nuances, stated, “It is evident that during the cognizance stage, the Magistrate is required to examine the complaint and related documents alongside the recorded statements. In this instance, the Magistrate overlooked the complaint’s assertions and corroborating documents.”
Consequently, the High Court deemed the Magistrate’s order inappropriate and set it aside.
The court further directed the matter back to the Magistrate for a fresh review, highlighting the necessity for a comprehensive consideration of the evidence and documents presented by the petitioner.