On behalf of the Petitioner it was urged that when he was not named as an accused in the charge-sheet filed by the investigating agency, the Magistrate could not have taken cognizance as far as he was concerned and the trial court should have waited till the stage of Section 319 Cr.P.C. if at all the Petitioner was to be arrayed as an accused. Mr P S Mishra, learned Senior Advocate, reiterated the oft-repeated saying that cognizance is taken of an offence and not the offender.
Magistrate can apply his mind independently to the materials contained in the police report.
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