https://www.taxtmi.com/caselaws?id=194639 The Magistrate takes cognizance when he first applies his mind to the offence disclosed in the police report, not when a later charge is framed on the same material. Here, the charge-sheet alleged forgery, impersonation and abetment, but did not prima facie disclose criminal conspiracy under Section 120B IPC, and the witness statements did not show any agreement to forge the passport. Section 196A(2) of the Code of Criminal Procedure, 1898 therefore did not require prior consent, and the committal order was upheld because cognizance of the barred offence had not been taken. en-us Thu, 02 Sep 1971 00:00:00 +0530 Sat, 16 Sep 2017 18:33:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194639 The Magistrate takes cognizance when he first applies his mind to the offence disclosed in the police report, not when a later charge is framed on the same material. Here, the charge-sheet alleged forgery, impersonation and abetment, but did not prima facie disclose criminal conspiracy under Section 120B IPC, and the witness statements did not show any agreement to forge the passport. Section 196A(2) of the Code of Criminal Procedure, 1898 therefore did not require prior consent, and the committal order was upheld because cognizance of the barred offence had not been taken. Case-Laws Indian Laws Thu, 02 Sep 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194639