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TMI Blog1994 (1) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... the same outright since it is only a supplementary report in support of the earlier report. Somehow the Special Court rejected the report without taking it on record holding that no cognizance can be taken since facts do not support offence under Direction 12. There is no question of taking cognizance at this stage since cognizance has already been taken. The purpose of sub-section (8) of Section 173 CrPC is to enable the investigating agency to gather further evidence and that cannot be frustrated. If the materials incorporated in the supplementary charge-sheet do not make out any offence, the question of framing any other charge on the basis of that may not arise but in case the court frames a charge it is open to the accused persons to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial Court praying that the Court should not take "cognizance of the supplementary charge-sheet". The learned Special Judge by his order dated March 11, 1989 held that the supplementary charge-sheet did not make out any offence and, therefore, "no cognizance" of it can be taken. However, the learned Special Judge decided to proceed with the trial on the basis of the main charge-sheet. Aggrieved by the said order, the State filed a revision before the High Court and a Division Bench of High Court by its order dated January 16, 1990 dismissed the same holding that no prima facie case has been made out of any violation of the contents of Direction No. 12 of the said Control Order, as alleged in the supplementary charge-sheet. Challenging the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the subject-matter of the earlier report. In the instant case, the supplementary charge-sheet mentions that there was a contravention of Direction 12 and whether the same is substantiated or not by sufficient material would be a question which has to be considered at a later stage. At the stage of filing supplementary report itself the trial court which took cognizance cannot reject the same outright since it is only a supplementary report in support of the earlier report. Somehow the Special Court rejected the report without taking it on record holding that no cognizance can be taken since facts do not support offence under Direction 12. There is no question of taking cognizance at this stage since cognizance has already been taken. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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