Cognizance of an offence is taken by the Magistrate after filing of charge sheet by police. It is done under Section 190 of the Criminal Procedure Code. The cognizance is generally taken immediately after the charge sheet is filed. Sometimes, it may take one or two dates after filing of charge sheet.
After the court takes cognizance, it will issue summons to the accused persons. So, if you are the accused, and if you have not been summoned so far to the court, the court will send you summons after taking cognizance. You may wait for that.
It appears that you have not been arrested so far in this case. If so, you need not do much at this stage now that the charge sheet has been filed and at this stage, it may not be useful to file even an anticipatory bail application. Better wait for the summons from the court. Therefore, either face the trial or file a discharge application.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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