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Order reserved on taking cognizance of CBI report

A Delhi court on Saturday reserved its order on a legal query as to whether it was empowered to take cognizance of a CBI report giving clean chit to former IPS officer Amod Kanth in the 1997 Uphaar fire tragedy case.

delhi Updated: Jan 30, 2010 18:41 IST

A Delhi court on Saturday reserved its order on a legal query as to whether it was empowered to take cognizance of a CBI report giving clean chit to former IPS officer Amod Kanth in the 1997 Uphaar fire tragedy case.

District and Sessions Judge SP Garg said he would pronounce the order on the issue on February 9, the next date of hearing.

The court had earlier said usually, metropolitan magistrates are empowered to take cognizance of a chargesheet under the Criminal Procedure Code.

It had asked the victims' association to furnish previous court rulings to the effect that besides magistrates, a sessions court can also take cognizance of a probe report.

Senior advocate KTS Tulsi, appearing for Association of Victims of Uphaar Tragedy (AVUT), said on Saturday that a sessions court can also take cognizance of such probe reports.

"Sessions courts can take cognizance of the offence and not the offenders," Tulsi said, citing various Supreme Court judgements on the issue.

Earlier, the CBI, in pursuance of a Delhi High Court order, had filed a report after probing the role of Kanth, the then Delhi DCP who had allegedly allowed increase in the number of seats in the balcony of the ill-fated theatre.

CBI favoured non-prosecution of Kanth saying he did not commit any offence and acted as per the technical advice.