#Cognizance

Taking cognizance under two distinct offences simultaneously is impermissible in law: Allahabad High Court

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The Allahabad High Court has clarified that taking cognizance simultaneously under two distinct offences i.e. cheating under Section 420 IPC and criminal breach of trust under Section 406 IPC on the same set of facts or transaction is contrary to law, as the two offences are inherently contradictory in nature. The order was passed by … Read more

Cognizance taken beyond limitation period contrary to settled law: Allahabad High Court

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      The Allahabad High Court has held that taking cognizance beyond the prescribed period of limitation in a theft case from Firozabad amounts to a clear violation of law as well as an abuse of the judicial process. Setting aside the entire criminal proceedings against two accused, the Court also issued directions to … Read more