Police cannot investigate non-cognizable offence without Court permission

Shyam Sunder Agrawal and Anr Vs State Of Chhattisgarh

Chattisgarh HC

11/03/2019

CRMP No. 775 of 2015

About/from the judgment:

The High Court quashed the criminal proceedings against the petitioner after the chronological order of events in case disclosed that Police violated Section 155 (2) Cr.P.C. which states that Police cannot investigate non-cognizable(defined by Section 427 IPC) offence without Court’s permission.

 

It was discovered that the date on which the Court granted permission is ahead of the date of beginning of investigation by the Police which indicates that the Police began with the case on their own before presenting it to the Magistrate.

 

What turned the case in favour of the petitioner is that in view of the facts in case, the following chronological dates and events have been made out:-

 

  1. The report was made by the complainant for an offence of non- cognizable in nature on 04.10.2012.
  2. The police thereafter as appears recorded statement of witnesses on 10.10.2012 and last statement was recorded on 23.01.2013.
  3. Along with the reply of the State document Annexure R-1 is filed which shows that the permission by the Magistrate was granted on 24.01.2013 to investigate the offence.

 

The Court concluded that it appears apparently that in the non-cognizable offence the investigation was carried out by the Police without the permission of the Magistrate and subsequently the permission was obtained on 24.01.2013, therefore, it would not validate the earlier investigation carried out.

 

The Court thus set aside any order passed concerning the case and quashed the criminal proceedings against the petitioner.

Read the Judgment

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