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Magistrate Can Take Cognizance Again for Different Offences If Prima Facie Case Is Made Out: Orissa High Court

12 Jul 2025 3 min read
Magistrate Can Take Cognizance Again for Different Offences If Prima Facie Case Is Made Out: Orissa High Court

In a recent judgment, the Orissa High Court held that a Magistrate is not barred from taking subsequent cognizance of more serious offences in the same case, even after cognizance has already been taken under lesser provisions. This can be done if prima facie material exists, justifying the new charges. Justice Sibo Sankar Mishra, while deciding a criminal miscellaneous petition, clarified that such an action is valid under criminal procedure…

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