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SANJAY KUMAR MEDHI, MRIDUL KUMAR KALITA
... Guwahati, Assam – Appellant
Versus
In Re - State Of Nagaland – Respondent
JUDGMENT :
(SK Medhi, J)
The present Reference has been made under Section 395 of the Cr.PC by the learned Judicial Magistrate First Class, Tuensang on the following question of law:
2. The matter arises out of 9 nos. of GR cases which were registered in connection with the Nagaland Liquor Total Prohibition Act, 1989 (Act of 1989). The said cases had emanated from FIRs registered by the police based on certain information and after completion of the investigation, charge sheets were filed. After filing of the charge sheets, the learned Magistrate, by referring to Section 43 of the Act of 1989 has expressed a predicament whereby cognizance of offence under the said Act was not to be taken unless a complaint was made by the persons authorized in that behalf. At the same time, the learned Magistrate had also expressed a predicament regarding th
Cognizance of offences under the NLTP Act can only be initiated by a complaint from the Director of Prohibition or authorized officer, not by police FIRs.
The central legal point established in the judgment is that the initiation of a criminal proceeding requires the Magistrate to apply judicial mind to the facts mentioned in the complaint, and the fai....
A Magistrate lacks authority to conduct preliminary inquiries or investigations under Section 190, and must adhere strictly to the procedural mandates of the Criminal Procedure Code.
Prosecutorial proceedings for non-cognizable offences are invalid if the mandatory permission from a Magistrate is not obtained as stipulated in Sections 155(1) and (2) of the Cr.P.C.
Permission under Section 155(2) Cr.P.C. can be granted by the Magistrate upon application from the complainant, validating subsequent investigations. Procedural technicalities do not invalidate proce....
Criminal breach of trust by public servant, or by banker, merchant or agent - Cognizance of offences by Magistrates - Police Investigation - It is well settled that stage of examination of witness un....
The main legal point established in the judgment is the interpretation and application of the provisions of Section 195(1)(b) of the Code and Section 468, which led to the quashing of the proceedings....
Cognizance of offences under Chapter XX of IPC, such as Section 494, requires a complaint from the aggrieved party, and police reports cannot be treated as complaints for the purpose of taking cogniz....
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