Orissa High Court Ruling on Cognizance in 'GR Case'
The Orissa High Court has ruled that a court cannot take cognizance in a General Register ('GR') case after accepting a closure report due to lack of evidence.
A Bench of Justice Chittaranjan Dash found fault with a Magistrate's order to take cognizance in a GR case while entertaining a protest petition.
...the action of the learned Magistrate in adhering to the procedure under Sections 200 read with 202 Cr.P.C. while taking cognizance of the offences against the petitioner in the G.R. case has to be discontinued, and the Protest Petition shall be treated as a complaint.
The court directed that the protest petition be treated as a complaint and the entire exercise in the GR case be transferred to the complaint case.
Author's summary: Court rules on cognizance in GR cases.
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- No Cognizance In 'GR Case' After Accepting Closure Report, Protest Petition Treated As Complaint For Taking Cognizance: Orissa High Court
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