1. Petitioners are the accused in Crime No.668/2010 of Medical College Police Station, Kozhikode. They are students of AWH Engineering College, Kuttikkattoor, Kozhikode. Crime 668/2010 was registered based on Annexure I complaint sent to Sub Inspector of Police, Medical College Police Station, by the Principal of the College, based on an enquiry conducted on receipt of a complaint forwarded an email by helpline @antiragging.net on 1.9.2010. The committee reported that petitioners were involved in asking the junior students to button up shirts, asking irrelevant questions, asking to tuck shirts inside and asking them to march on the road, after getting down from the bus. Petitioners were suspended as provided under section 6 of the Kerala Prohibition of Ragging Act, 1998 and the Principal forwarded Annxure 1 complaint to the police Station as provided in the section.

2. Section 4 of the Kerala Prohibition of Ragging Act (hereinafter referred to as the Act) is the penal provision. It reads:-

"4. Penalty for ragging -whoever commits, participates in, abets or propagates ragging within, or without, any educational institution shall, on conviction, be punished with imprisonment for a term which may extend to two years and shall also be liable to a fine which may extend to ten thousand rupees."

The maximum sentence provided for the offence is imprisonment for a term which may extend to two years and shall also be liable to a fine which may extend to ten thousand rupees. The Act does not show whether the offence under section 4 is cognizable or non cognizable. In the absence of a specific provision in the Act, the question can be answered only as provided under the Code of Criminal Procedure.

3. Clause (c) of Section 2 of Code of Criminal Procedure defines a cognizable offence as means an offence for which and cognizable case means a case in a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. The only penal provision in the Act, viz section 4 does not provide that it is a cognizable offence. Part II of Schedule 1 of Code of Criminal Procedure provides classification of offences against other laws. Part I provides classification of offence under Indian Penal Code. Part II provides three cateogories of offences. In the first category are offence punishable with death, imprisonment for life or imprisonment for more than seven years. The second category of offences are those punishable with imprisonment for three years and upwards but not more than seven years. Both these categories are cognizable offence. Third cateogory are offences punishable with imprisonment for less than three years or with fine only. These category of offences are non cognizable.

4. Therefore when the offence under section 4 is punishable for imprisonment of less than three years, it is only a non cognizable offence. If so a Sub Inspector of Police is not competent to register a case on receipt of a complaint. As provided under section 154 of Code of Criminal Procedure, the officer in charge of a police station to record the information only in respect of a cognizable offence.

5. Section 155 of Code of Criminal Procedure provides the procedure to be followed in a case where information of a non-cognizable offence was received by an officer in charge of the police station and for its investigation. Under sub section (1), when information is given to an officer in charge of a police station, of the commission within the limits of such station, of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer, in such form as the State Government may prescribe and refer, the informant to the Magistrate. Sub section (2) mandates that no police officer shall investigate a non-cognizable case, without the order of a Magistrate having power to try such case or commit the case for trial. As an offence under s