https://www.taxtmi.com/caselaws?id=304887 In a complaint case, cognizance under Section 190 CrPC must be taken before the Magistrate examines the complainant and witnesses on oath under Section 200. Where the record shows that sworn statements were recorded first and cognizance was taken only later, the statutory sequence is violated and the subsequent issue of process is vitiated. On the facts, the order sheet did not show prior cognizance, so the process order was invalid and was quashed. The matter was remitted to the Magistrate for fresh consideration after cognizance is properly taken in accordance with law. en-us Thu, 19 Nov 1987 00:00:00 +0530 Thu, 03 Nov 2022 17:32:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304887 In a complaint case, cognizance under Section 190 CrPC must be taken before the Magistrate examines the complainant and witnesses on oath under Section 200. Where the record shows that sworn statements were recorded first and cognizance was taken only later, the statutory sequence is violated and the subsequent issue of process is vitiated. On the facts, the order sheet did not show prior cognizance, so the process order was invalid and was quashed. The matter was remitted to the Magistrate for fresh consideration after cognizance is properly taken in accordance with law. Case-Laws Indian Laws Thu, 19 Nov 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304887