G.R.Bhattacharjee
Sudhanshu Kamal Mazumdair – Appellant
Versus
STATE OF WEST BENGAL – Respondent
1. AN interesting question of law has been projected in connection with this revisional application. A police officer submitted after investigation, a prosecution report against the present petitioner accused in respect of an offence punishable under section 323 I. P. C. An offence under the said section is non-cognizable. In view of section 155 (2) Cr. P. C. no police officer can investigate a non-cognizable case without the order of a competent Magistrate. Sub-section (3) of Section 155 Cr. P. C. provides that any police officer receiving such order of a competent Magistrate to investigate a non cognizable case may exercise the same powers in respect of the investigation, except the power to arrest without warrant, as an officer in charge of a police station may exercise in a cognizable case. Sub-section (1) of section 155 requires that when information about the commission of a non-cognizable offence is given to the officer in charge of a police station such officer shall record the same and refer the informant to the Magistrate. Therefore the picture that emerges on a reading of the subsections (1), (2) and (3) of Section 155 cr. P. C. is that on receipt of informatio
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.