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IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, ARUN KUMAR SINGH DESHWAL
Vinay Kumar Pandey – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
1. Heard Sri Mukesh Kumar Pandey, learned counsel for the petitioner, Sri Anand Kumar Singh, learned counsel for the respondents and Sri Pankaj Saxena, learned AGA for the State.
2. The present petition has been filed with the following prayers:-
"a) to issue a writ, order or direction in the nature of certiorari quashing the order dated 08.07.2024 passed by Additional Police Commissioner Commissionerate Ganga Par P.S. Tharwai Prayagraj (Respondent no. 3).
b) to issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 12.07.2024 registered as F.I.R. No. 196 of 2024, under Section 351 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station-Tharwai, Commissionerate Prayagraj."
3. Learned counsel for the petitioner at the very outset submits that he is not pressing prayer no.'a' and he confines his argument for the prayer no.'b' only.
4. Learned counsel for the petitioner submits that the impugned F.I.R. is bad in the eyes of law because Section 351 (2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as "B.N.S.") (corresponding to Section 506 I.P.C.) is non- cognizable offence as per the first Schedule of th
State notification deemed to amend cognizability status of offenses under Bharatiya Nyaya Sanhita; mala fide motives behind F.I.R. questioned.
Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
Point of law : The rule of construction laid down in Section 8 of the General Clauses Act, 1897 also requires that reference to the repealed enactment made in any instrument be construed as reference....
Cognizance of offences under Sections 172 to 188 IPC requires a written complaint from the concerned public servant, as per Section 195 Cr.P.C., rendering proceedings without such complaint void.
FIRs for offences committed before new laws must be registered under IPC, with investigations following BNSS procedures.
Crime and investigation – If any offence is committed prior to enforcement of new criminal laws, then if F.I.R. is registered after enforcement of new criminal laws, then same will be registered unde....
Cognizance of an offence under Section 188 IPC requires a written complaint by a public servant; FIRs based solely on police reports are prohibited and rendered void.
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 court emphasized the necessity for adherence to legal procedure in cognizance of non-cognizable offences, reinforcing the right to fair trial and requiring written complaints for filing concernin....
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