BROUGHT  TO YOU  BY   RAJEEV BHATJIWALE

RASHMI KUMR V/SMAHESH KUMAR BHADA 1997 SCC (CRI)415 =

at the stage of taking cognizance of offence the court should consider on the averments made in the complaint or chargesheet . the court is not required toevaluate and appreciate evidence at that stage it is equally certain law that it is open to the court before issuing the process, to record the evidence and for consideration of the averments made in the complaint and the evidence thus addused, it is required to find out whether an offence has been made out.  On finding that such offence has been made out and after taking cognizance thereof, crosses would be issued to the respondent to cater for the steps in the matter

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Last modified: March 22, 2001