The Supreme Court has held that a Trial Court cannot take cognizance of additional offences not mentioned in the chargesheet solely on the basis of affidavits filed by private witnesses, without relying on the investigation record or ordering further investigation.

A bench comprising Justice Ahsanuddin Amanullah and Justice SC Sharma set aside the Allahabad High Court's unusual order where it approved the trial court's order taking cognizance of an offence under Section 394 IPC (voluntary causing hurt in committing or attempt to commit robbery) based on the affidavits furnished by the complainant's witness, without forming its own satisfaction regarding the applicability of Section 394 IPC to the case.

“In fact, only on the basis of affidavits of witnesses filed along with the petiti

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