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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE G.GIRISH, J
Mohammed Jasim S/o. Abdul Jaleel – Appellant
Versus
State Of Kerala Rep. By The Public Prosecutor – Respondent
ORDER :
The accused in C.C.No.216/2019 on the files of the Judicial First Class Magistrate Court-II, Ernakulam has filed this petition under Section 482 Cr.P.C to quash the proceedings against him in the said case. The prosecution case is that on 20.03.2012 at about 07:30 p.m, the petitioner inflicted voluntary hurt upon the second respondent by hitting upon his face and kicking upon his abdomen. Thus, the petitioner is alleged to have committed the offence under Section 323 I.P.C.
2. Upon getting information from the General Hospital, Ernakulam that the second respondent is undergoing treatment there due to the injuries sustained in a physical assault, the S.I of Police, Central Police Station came to the said hospital and recorded the statement of the second respondent. Finding that the offence alleged is non-cognizable, the S.I of Police, Central Police Station moved application before the learned Magistrate seeking permission under Section 155(2) Cr.P.C for registering a crime and commencing investigation. As per order dated 24.03.2012, the learned Magistrate accorded permission to the Sub Inspector of Police, Central Police Station to conduct investigation after registering a ca
The court upheld the validity of police seeking permission under Section 155(2) Cr.P.C. for investigating non-cognizable offences, emphasizing strict adherence to statutory interpretation.
Police lack authority to investigate non-cognizable offences without a Magistrate's order, making subsequent FIR registrations invalid and procedural lapses inherently illegal.
Police cannot investigate non-cognizable offences without a Magistrate's order, ensuring judicial oversight in such matters.
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....
Police cannot investigate non-cognizable offences without a prior order from the Magistrate, as per Section 155(2) of the Cr.P.C.
An endorsement such as 'permitted' by a Magistrate does not constitute a valid order under Section 155(2) of the Cr.P.C. without reasoned consideration, necessitating compliance with established proc....
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