https://www.taxtmi.com/caselaws?id=301643 A charge-sheet accepted by the Magistrate as a police report and followed by cognizance and issuance of summons could not be challenged in a bail application as an invalid report to claim default bail under Section 167(2) CrPC. The Court held that it was not open to go behind the Magistrate's acceptance of the report once cognizance had been taken. It further held that after cognizance and process, further judicial custody is governed by Section 309 CrPC, so Section 167(2) no longer applies. The default-bail contention therefore failed and the accused remained in custody. en-us Tue, 09 Aug 1988 00:00:00 +0530 Wed, 13 Apr 2022 11:59:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301643 A charge-sheet accepted by the Magistrate as a police report and followed by cognizance and issuance of summons could not be challenged in a bail application as an invalid report to claim default bail under Section 167(2) CrPC. The Court held that it was not open to go behind the Magistrate's acceptance of the report once cognizance had been taken. It further held that after cognizance and process, further judicial custody is governed by Section 309 CrPC, so Section 167(2) no longer applies. The default-bail contention therefore failed and the accused remained in custody. Case-Laws Indian Laws Tue, 09 Aug 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301643