1 Answer
Dear Client,
It cannot be concluded from the website status alone that cognizance has been taken. The entry stating case to be open by prosecution usually means the matter has been numbered and listed for the prosecution to open the case, it is not in itself a proof of cognisance order. A cognisance is taken when the court applies its mind to the police report or material and proceeds under the cognisance provisions. Under BNSS, a magistrate taken cognisance on a complaint or a police report and then issues process if sufficient ground exists. For a Prevention of Corruption Act case, if it is true and the sanction was not enclosed with the chargesheet, it is serious if the court has not yet taken cognisance. But the absence of sanction in the chargesheet by itself does not automatically end the prosecution. The earlier cognisance order may be set aside because the trial court could not have taken cognisance without valid sanction.
Therefore, if cognisance has not been taken, you may object before the Special Judge and insist that the court cannot take cognisance without valid sanction under Section 19(1). If cognisance has already been taken, you may challenge it in the High Court by a petition under Section 528 of the BNSS. The quashing by the High Court will depend on the exact order sheet and the offence sections. I hope this helps. If you have any further queries, please feel free to reach out.