https://www.taxtmi.com/caselaws?id=193585 A Magistrate may independently take cognizance of an offence on the basis of a police report under Section 190(1)(b) CrPC even when the final report exonerates the accused. The statutory scheme allows the Magistrate to examine the materials in the report without accepting the investigating agency's conclusion. The article also notes that a discharge plea under Section 227 CrPC cannot survive once it has been rejected and charges have subsequently been framed. On that basis, the cognizance was described as legally sustainable and the challenge to discharge as no longer surviving. en-us Thu, 09 Sep 2010 00:00:00 +0530 Tue, 08 Aug 2017 15:07:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=193585 A Magistrate may independently take cognizance of an offence on the basis of a police report under Section 190(1)(b) CrPC even when the final report exonerates the accused. The statutory scheme allows the Magistrate to examine the materials in the report without accepting the investigating agency's conclusion. The article also notes that a discharge plea under Section 227 CrPC cannot survive once it has been rejected and charges have subsequently been framed. On that basis, the cognizance was described as legally sustainable and the challenge to discharge as no longer surviving. Case-Laws Indian Laws Thu, 09 Sep 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=193585