Reviewed case brief
CREF Finance Ltd. v. Shree Shanthi Homes (P) Ltd.
(2005) 7 SCC 467
Authority clarifying the concept of "taking cognizance" — that cognizance is of the offence, not the offender.
- Court
- Supreme Court of India
- Year
- 2005
- Subjects
- Bharatiya Nagarik Suraksha Sanhita
- Reviewed
- 2026-06-30
Rule established
A Magistrate takes cognizance of an offence and not of an offender. Cognizance is taken at the point when the Magistrate applies mind to the allegations in a complaint/police report and decides to proceed.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
SCC
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.