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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
RAJEEV BHARTI
Shiv Pratap @ Jokhu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
RAJEEV BHARTI, J.
1. Heard Shri Ranvijay Singh, learned counsel for the applicant, Shri S.P. Tripathi, learned counsel for opposite party no.2, Shri S.K. Pandey, learned A.G.A. and perused the material available on record.
2. By means of the present application under Section 482 Cr.P.C. the applicant has prayed for quashing of order dated 28.03.2014 passed by the learned Chief Judicial Magistrate, Ambedkar Nagar granting permission under Section 155(2) Cr.P.C., charge sheet dated 10.06.2015 and summoning order dated 21.11.2015, arising out of N.C.R. No.30 of 2014, under Sections 352, 504 and 427 I.P.C., Police Station-Sammanpur, District-Ambedkar Nagar.
Factual Matrix of the case
3. An N.C.R. was lodged on 26.03.2014, thereafter the complainant moved an application before the learned Chief Judicial Magistrate seeking permission under Section 155(2) Cr.P.C. to investigate the matter. The learned Chief Judicial Magistrate allowed the application on 28.03.2014 pursuant thereto, investigation was conducted and charge sheet was submitted on which cognizance was taken and the applicant was summoned.
Submission made by learned counsel for the applicant
4. Shri Ranvijay Singh, learned
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....
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....
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
The Magistrate must judiciously exercise discretion in registering FIRs under Section 156(3) Cr.P.C., ensuring that mechanical refusals are avoided when cognizable offences are disclosed.
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.
A Magistrate must provide reasoned orders when permitting police investigations under non-cognizable offences to ensure lawful process compliance.
Police lack authority to investigate non-cognizable offences without a Magistrate's order, making subsequent FIR registrations invalid and procedural lapses inherently illegal.
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