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SUNDER MOHAN
Arumugam – Appellant
Versus
State, Represented by, The Inspector of Police, Kalapet Police Station, Puducherry – Respondent
ORDER :
[PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records in S.T.C.No.844 of 2019 pending on the file of the learned Judicial Magistrate No.II, Puducherry District and quash the same.]
The petition is to quash the proceedings in STC.No.811 of 2010 initiated for the alleged offence under Section 320 IPC.
2. Mr. Swami Subramanian, the learned counsel for the petitioner, submitted that the first respondent has no jurisdiction to investigate and file a final report in respect of the offence alleged in the final report as it is a non-cognizable offence; that the procedure prescribed for investigating non-cognizable offences has not been followed in the instant case; that the first respondent ought to have referred the informant to the learned Magistrate and thereafter, can investigate the said offence on the orders of the learned Magistrate; that however, in the instant case, the first respondent, on receipt of the complaint, sought permission from the learned Magistrate to investigate this offence and such a procedure is not contemplated under the Criminal Procedure Code. He relied upon the Judgements of this Court
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.
Mandatory compliance with Section 155 of Cr.P.C. is crucial for police investigations of non-cognizable offences.
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.
S.155(2) Cr.P.C stipulates that when information relates to a case indicative of non-cognizable offences, police officer is interdicted from commencing investigation without an order from Magistrate.
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