Supreme Court clarifies trial court cannot take cognizance based only on affidavit without case diary scrutiny.
Case in NewsSupreme Court held trial court cannot take cognizance based only on affidavit without proper investigation . |
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Case Overview
Case Name: Deepak Yadav and Another vs. State of Uttar Pradesh and Another
A bench of Justice Ahsanuddin Amanullah and Justice Satish Chandra Sharma set aside an Allahabad High Court order upholding the trial court’s decision to take cognizance under Section 394 IPC . The trial court had relied solely on private witness affidavits without calling for the complete police case diary or ensuring satisfaction on the applicability of Section 394 IPC .
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Key Aspects
The Court examined the flawed manner in which the trial court and prosecution proceeded :
- FIR included Sections 394, 452, 323, 504, 506 IPC and SC/ST Act provisions .
- Chargesheet excluded Section 394 IPC after investigation .
- Complainant filed repeated applications, leading trial court to take cognizance .
- Cognizance based only on witness affidavits, without considering investigation records .
- High Court wrongly upheld the trial court’s approach .
Legal Insights
The Supreme Court clarified legal requirements before taking cognizance :
- Section 190 CrPC – empowers courts to take cognizance but requires judicial satisfaction on evidence .
- Section 161 CrPC – prosecution must produce complete witness statements recorded by police .
- Section 172 CrPC – trial court can summon the entire case diary for independent assessment .
- Courts cannot rely solely on private affidavits; further investigation must be ordered if suppression is alleged .
- Free and impartial investigation is mandatory; suppression invites liability of the Superintendent of Police .
Court’s Verdict
The Supreme Court ruled that trial court cannot take cognizance based only on affidavit and remanded the matter . It directed the trial court to summon the police case diary, ensure missing statements are recorded under proper procedure, and then decide afresh on cognizance .
Source – Supreme Court of India
Read also – Crpc
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