Crl.A. No. 000914 / 2018

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When a Magistrate takes cognizance of a complaint involving charges under Section 498A IPC and the Dowry Prohibition Act, a prior acquittal of the accused on identical charges in an earlier full-fledged trial constitutes a material factor that must be considered before cognizance can validly be taken in the subsequent complaint. Failure to examine this aspect renders the cognizance order legally unsustainable. This analysis, available on casestatus.in, reflects the principle that remand is the appropriate remedy where courts below have overlooked such a decisive circumstance.