Warrant Case: Trial Court Cannot Take Cognizance Against Accused, Not Chargesheeted By Police, Based On ’Sworn Statement’: Telangana High Court

The Telangana High Court has quashed a trial court order taking cognizance against an accused despite she not having chargesheeted by the police.

The court passed the order on a petition challenging the trial court order in a case under Section 498-A of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act. It was argued that the cognizance was taken against the chargesheeted accused and the petitioner on the basis of sworn statements of witnesses.

Justice G Anupama Chakravarthy said that in a warrant case, the question of recording sworn statements will not arise and that it will only arise in a private complaint.

“The trial Court cannot equate the procedure for private complaint under Section 200 Cr.P.C. with that of warrant case… If at all de-facto complainant is aggrieved by deletion of the name of the accused, he can file a petition under Section 319 of Cr.P.C. before the concerned Court at appropriate stage,” said the court.

The bench further said that even otherwise the statements of witnesses recorded under Section 161 Cr.P.C. are inadequate and no allegations have been levelled against the petitioner. “However, the trial Court after considering the sworn statements of witnesses, which are quite contrary to the statements of the witnesses under Section 161 of Cr.P.C. with regard to the involvement of accused No.4 in the offence, took cognizance of the case against the petitioner for the offences punishable under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act, which is unjustified,” said the court.

Initially, the case was registered against four accused. The police, after investigating the matter, filed a charge sheet only against three of the four accused. However, the trial court took cognizance against all the four.

Setting aside the impugned order, the court said, “Taking into consideration the facts and circumstances of the case, the docket order dated 06.04.2023 in C.C. No.588 of 2023 passed by the learned III Additional Junior Civil Judge-cum-X Additional Metropolitan Magistrate, at Medchal, Medchal Malkajgiri District, is hereby set aside.”

Title: Kancharana Sri Priya vs State of Telangana

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