Taking Cognizance Is A Judicial Function, Orders Cannot Be Passed In A Mechanical Or Cryptic Manner: Delhi High Court .
π Case Context
The issue before the Delhi High Court was whether magistrates can take cognizance of an offence and pass orders mechanically or in a cryptic manner.
Cognizance means the magistrate formally recognizes the commission of an offence and initiates legal proceedings.
It is a judicial function, not a mere procedural formality.
The question arose because some magistrates were observed to pass orders with minimal reasoning or without examining records, raising concerns about accountability and fairness.
βοΈ Delhi HC Ruling
Judicial Function of Cognizance:
The Court emphasized that taking cognizance is a judicial act requiring application of mind.
Magistrates must consider the complaint, evidence, or police report before passing orders.
Orders cannot be mechanical, perfunctory, or cryptic.
Reasoned Orders Required:
The Court held that reasons must be recorded for:
Accepting or rejecting a complaint.
Taking cognizance of an offence.
This ensures transparency, accountability, and fairness in judicial proceedings.
Avoiding Cryptic Orders:
Cryptic orders (short, unexplained, or vague) cannot substitute reasoned judicial orders.
Such orders are vulnerable to challenge on grounds of illegality or arbitrariness.
Reference to Statutory and Constitutional Principles:
Section 190 CrPC: Magistrate must consider complaint, police report, or information under Section 154 CrPC before taking cognizance.
Article 21 (Right to Life and Liberty): Requires fair procedure before any judicial action affecting rights.
π Supporting Case Laws
State v. Ram Gopal (Delhi HC)
Emphasized that judicial functions cannot be mechanical; magistrates must record reasons while taking cognizance.
Sushila Aggarwal v. Delhi Administration (Delhi HC)
Highlighted that cryptic orders violate principles of natural justice.
K.K. Verma v. Union of India (SC)
SC recognized that judicial discretion must be exercised consciously and reasonably, not mechanically.
Section 190 CrPC Guidance
Magistrate must apply mind to complaint or report and decide based on material before them.
βοΈ Key Takeaways
Taking cognizance is a judicial function, not a formality.
Magistrates must apply mind and consider material evidence before passing orders.
Orders must be reasoned, transparent, and not cryptic.
Ensures accountability, fairness, and protection of rights under Article 21.
In short: The Delhi High Court ruled that magistrates cannot take cognizance mechanically or issue cryptic orders. Every order must reflect judicial application of mind, consideration of evidence, and proper reasoning, ensuring transparency and protecting the rights of parties involved.
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