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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Prasanth K.S. S/o Soman – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure II Final Report and all further proceedings in C.P.No.8/2024 on the files of the Judicial First Class Magistrate Court-I, Alappuzha, arose out of Crime No.1638/2023 of Alapuzha North Police Station. The petitioner herein is the sole accused in the above case.
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the prosecution records, including the decisions cited by the learned counsel for the petitioner.
3. The prosecution case is that on 04.11.2023, when the defacto complainant appeared in person at the District Court in Alappuzha to give evidence in a case relating to Ambalapuzha police station, the accused, who introduced himself as the clerk of one Ambika Madam, threatened the defacto complainant that he had the video clips and photos of the defacto complainant and he had seen the same. Therefore, she would lose the case and thereby pressurized her to change her statement which she had given against the accused in the said case. In this matter, FIR was
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.
Investigation into non-cognizable offences requires a Magistrate's order; if a case involves cognizable offences, it is treated as cognizable under Section 155 of Cr.P.C.
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.
Police cannot investigate non-cognizable offences without a prior order from the Magistrate, as per Section 155(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....
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.
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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