Cognizance explained. 2005 MLD 954
Detailed Judgment. Many case laws discussed. Pervaiz Aftab case. Asif Saeed Khosa. 2002 P Cr. L J 1208
1. Cognizance is applicatino of mind by the court on the facts and circumstances of the case. Court taking cognizance of offence has to consider:
a) Whether the offence falling within its jurisdiction is made out or not.
b) whether offence is committed in its terrotirail jurisdiction;
c) who are the persons responsible for the commission of the offence and whether in court's opinion sufficient grounds are existing for proceedings with the trial 2008 MLD 728
2. Cognizance.
a) Magistrate takes cognizance of offence, not offender.
b) Magistrate take cognizance of a case as a whole and not qua some person found by police involved.
c) Cognizance can be taken even if offender unknown.
d) On taking cognizance, court acquire jurisdiction over all persons involved not only those agaisnt whome challan is submitted.
1985 SCMR 1314
1. Best citation for taking cognizance by magistrate. 2014 YLR 1736. NLR 2010 CrLJ 112
2. Magistrate agree or disagree cancellation report is administrative order. Revision. NLR 2005 Crm Lah 161, 2003 YLR 701/2087, 2010 YLR 1580
3. Magistrate competent to try accused placed in column No. 2. Magistrate take cognizance of offence not accused and he can summon any one. PLD 2010 Pesh 54.
4. Case cannot be withdrawn or transferred by Sessions Judge if partly heard by him. NLR 1992 Crm 408.
5. Magistrate after taking cognizance of complaint cannot send same to police for Inv. U/S 156(3) Cr.P.C. 1983 PCr.L.J 1619
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