Can the cognizance be taken by the Sessions Judge/Additional Sessions Judge also, in this case? If so, at what stage?

Question: A is alleged to have committed the offence of murder of B in an F.I.R lodged by the father of B. After investigation, the investigating officer (I.0) submits the police report (charge sheet) against A to the Chief Judicial Magistrate. The C.J.M. takes cognizance. Can the cognizance be taken by the Sessions Judge/Additional Sessions Judge also, in this case? If so, at what stage?

Find the answer only on Legal Bites. [Can the cognizance be taken by the Sessions Judge/Additional Sessions Judge also, in this case? If so, at what stage?]

Answer

By virtue of Section 192 of the Code of Criminal Procedure, a Chief Judicial Magistrate, who takes cognizance of an offence, by passing administrative order, transfers the case concerned to the file of any other Magistrate subordinate to him for inquiry or trial.

Section 193 prohibits cognizance of any offence by a court of Sessions stepping into the shoes of the court having original jurisdiction except in cases where power is conferred by the statute while Section 194 empowers Sessions Courts for transfer of cases to the file of Additional and Assistant Sessions Judges.

When a Magistrate takes cognizance of an offence on a complaint, he may direct an inquiry under Section 202 CrPC and may dismiss the complaint under Section 203 CrPC on the result of such inquiry, or even without making any such inquiry. He may transfer the case for disposal to another Magistrate subordinate to him.

Further, having taken cognizance of a case whether on a complaint or on a police report, a Magistrate is competent to take proceedings against all who from the evidence; appear to be offenders; his power is not limited; to proceed against the persons named in the complaint or the police report.

When a Sessions Judge takes cognizance on commitment, he must try the accused committed to his Court or transfer the case for hearing to an Additional or Assistant Sessions Judge; he cannot dismiss the case without holding a trial, and his power as a Court of original jurisdiction is limited to the persons committed to his Court for trial. In view of the aforesaid differences, it is reasonable to conclude that taking of cognizance by a Sessions Court under Section 193 CrPC means only having jurisdiction to try the case committed in accordance with the prescribed procedure or to transfer it to an Additional Sessions Judge or an Assistant Sessions Judge.

As observation made by the Hon’ble Kerala HC in In Re: Chief Judicial Magistrate v. Unknown [1988 CriLJ 812]:

Under Section 306(4) the Magistrate taking cognizance of the offence, without making any further inquiry, will have to commit the case to the Court of Session if the offence is exclusively triable by that Court or to the Court of Special Judge appointed under the Criminal Law Amendment Act, 1952 if the offence is exclusively triable by that Court. However, if the Magistrate taking cognizance of the offence is the Chief Judicial Magistrate, irrespective of the question of whether the offences are triable by the Court of Session or not, there is no other option but to commit the case to the Court of Session.

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