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1993 Supreme(Cal) 254

G.R.Bhattacharjee
Sudhanshu Kamal Mazumdair – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
A. Jaha, Gautam Das, Himansu De, Milan Mukherjee, S.S. Mahapatra, Subir Ganguly.

JUDGMENT

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









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