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Court can take cognizance of new offences and add new accused

The Supreme Court has refused to interfere with a Sessions Court Order which had taken cognizance of new offences and added new Accused under section 193 of Code of Criminal Procedure, though the Magistrate rejected the prayer at Committal Stage. Appellants are parents of a person who was accused of instigating his wife to suicide and was charge sheeted under Section 306 IPC. The complainants had filed an application before the Magistrate Court for taking cognizance against the appellants and their son under Sections 304-B and 498-A IPC. The Magistrate Court rejected their applications and committed the case to Sessions Court, where they again preferred the application. This application was allowed by the Sessions Court, and the High Court upon revision, refused to interfere. The appellants hence approached the Apex Court.

Article referred: http://www.livelaw.in/sessions-court-can-take-cognizance-new-offences-add-new-accused-us193-crpc-though-magistrate-rejected-prayer-earlier-sc/

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