Back
PUSHPENDRA SINGH BHATI
Gulam Hussain – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
2. Counsel for the petitioner as well as learned Additional Advocate General jointly submits that the proposition in-question is settled in Hasam Khan & Ors. Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.2254/2017, decided on 10.08.2017), judgment whereof reads as follows :
2. Learned counsel for the petitioner submits that the matter is squarely covered by the judgment rendered by a coordinate Bench of this Court in Mohan Ram @ Manaram Vs. State of Rajasthan, reported in 2016 (3) Cr.L.R. (Raj.) 1144, wherein the following order had been passed:-
"This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the proceedings of Criminal Case No. 1811/2015 pending in the Court of Judicial Magistrate, Balotra, District Banner (hereinafter referred to as 'the trial court') against the petitioner.
In the presen
Non-cognizable offences require a magistrate's order for police investigation, and failure to obtain such an order renders the FIR invalid.
The main legal point established in the judgment is the requirement of a Magistrate's order for the registration of FIRs under non-cognizable forest offences, as mandated by Sub-Section (2) of Sectio....
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
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.
Police lack authority to investigate non-cognizable offences without a Magistrate's order, making subsequent FIR registrations invalid and procedural lapses inherently illegal.
The court emphasized the importance of following the legal provisions for FIR registration and investigation, and highlighted the need to prevent abuse of the process of court and secure the ends of ....
The judgment emphasizes the mandatory nature of legal provisions such as Section 195(1) Cr.P.C., Section 2(d) Cr.P.C., and Section 155(2) Cr.P.C. in determining jurisdiction and procedural compliance....
The discretion of the Magistrate under Section 156(3) Cr.P.C. must be guided by the nature of the alleged offences and the need for police investigation.
Failure to obtain permission for investigating a non-cognizable offence under Sec. 155 of the Cr.P.C can vitiate the proceedings and lead to the quashing of the FIR and complaint.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
