Procedure of Magistrate taking cognizance
AI Assist
Summary
When a Magistrate receives a complaint under the court's special complaint provisions, they must, as far as possible, treat and handle the matter as if it were instituted on a police report. If the Magistrate is informed that an appeal is pending against the earlier judicial decision that led to the complaint, they may at any stage adjourn the hearing until that appeal is decided.
Example
Priya files a complaint at the local Magistrate saying her neighbour gave false evidence in an earlier trial. The Magistrate proceeds with the inquiry as if it began on a police report. When told an appeal is pending against the earlier decision that produced the complaint, the Magistrate adjourns the hearing until that appeal is decided.
Bare Act
Enacted text(1) A Magistrate to whom a complaint is made under section 340 or section 341, shall, notwithstanding anything contained in Chapter XV proceed, as far as may be, to deal with the case as if it were instituted on a police report.
(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
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