Code of Criminal Procedure, 1973–Secs. 190/193, 173(8) & 319 [Corresponding Secs. 210/213,193 & 358 of BNSS, 2023]–Order of taking cognizance for the offence against the petitioner–Sustainability–Out of 17 persons named in FIR, police filed the charge-sheet against two accused–Neither the investigation was kept pending u/s. 173(8), nor any additional evidence was submitted by the Investigation Agency–The order by which, the cognizance has been taken against the petitioner, is a second cognizance order, which is against the provisions of law–Same is not sustainable.
