https://www.taxtmi.com/caselaws?id=312212 Cognizance under Section 190(1)(b) of the Code is of the offence, not merely of the offender, so a Magistrate is not restricted to persons named in the police report or shown in column (2) of the charge-sheet. If the materials on record, including a statement under Section 164, disclose prima facie involvement of another person, the Magistrate may summon that person at the stage of cognizance without waiting for Section 319 proceedings. The absence of that person's name in the FIR or earlier statement does not by itself prevent such action. On this reasoning, the Magistrate's power to summon the appellant was upheld. en-us Wed, 16 Mar 2022 00:00:00 +0530 Tue, 06 Feb 2024 23:10:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312212 Cognizance under Section 190(1)(b) of the Code is of the offence, not merely of the offender, so a Magistrate is not restricted to persons named in the police report or shown in column (2) of the charge-sheet. If the materials on record, including a statement under Section 164, disclose prima facie involvement of another person, the Magistrate may summon that person at the stage of cognizance without waiting for Section 319 proceedings. The absence of that person's name in the FIR or earlier statement does not by itself prevent such action. On this reasoning, the Magistrate's power to summon the appellant was upheld. Case-Laws Indian Laws Wed, 16 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312212