Police can convert an N.C.R. to FIR if a cognizable offense is established, barring subsequent challenges if previously litigated.

Hon'ble Rajnish Kumar,J.

1. Heard Sri Shashank Shukla, learned counsel for the applicants and learned AGA for the State and perused the record.

2. This petition under Section 482 Cr.P.C. now Section 528 B.N.S.S. 2023 has been filed challenging the summoning order dated 04.03.2025 passed in CIS No. 12917 of 2025 and the charge sheet No.01 dated 05.02.2025, arising out of Case Crime No. 420 of 2024 under Section s 115 (2), 352, 351(2), 118(1), 109(1) Bharatiya Nyaya Sanhita (B.N.S.), 2023, Police Station-Katra Bazar, District-Gonda.

3. Learned counsel for the applicants submits that on the basis of identical set of facts a N.C.R. was registered on 28.11.2024 but no permission was sought for the investigation. He further submits that on the same set of facts, the FIR was lodged on 30.11.2024 and after investigation, the charge sheet has been filed, which could not have been done. He relies on a judgment and order dated 16.10.2023 passed by the High Court of Bombay at Goa in Criminal Writ Petition No. 573 of 2023 (F) [ Mr. Asif Khan Pathan vs. State Through PP , High Court of Bombay at Porvorim, Goa and Others].

4. Per contra, learned AGA submits that after registration of the N.C.R., a medical report was received, in which an injury in the head caused by sharp edged weapon was found, therefore, Section 118 (1) B.N.S., 2023 was added and accordingly, the N.C.R. was converted into the FIR and registered accordingly. Thus, the contention of the counsel for the applicants is misconceived and not tenable. He further submits that the petitioner No.1-Vinay had earlier filed a Criminal Misc. Writ Petition No. 387 of 2025 (Vinay vs. State of U.P. And 3 Others) before Division Bench of this Court and by means of order dated 22.01.2025, the Division Bench of this Court directed to the Investigating Officer to move an application before the Court concerned for permission to investigate into the FIR. In pursuance thereof, an application was moved by the Investigating Officer before the Court concerned, which has been allowed by means of order dated 03.02.2025 and thereafter, after completing the investigation, the charge sheet was filed on 05.02.2025 referring all the above facts. It is further submitted that the aforesaid writ petition has been withdrawn, which has been allowed by means of order dated 02.05.2025, without liberty to raise the aforesaid ground, therefore, the said ground is not available to the applicants now. Thus, the submission of learned counsel for the applicants is misconceived and lacks merits and this application is liable to be dismissed. In support of his argument, learned AGA placed reliance on the judgment and order dated 05.11.2019 passed by this Court in APPLICATION U/S 482 No. - 38936 of 2019 (Shavez And 2 Others vs. State of U.P. and Another).

5. Having considered the submissions advanced by the learned counsel for the parties, I have perused the documents placed on record of this application.

6. It is apparent that N.C.R. No. 0116 of 2024 was lodged on 28.11.2024 under Section s 115 (2), 352 & 351(2) B.N.S., 2023 at Police Station-Katra Bazar, District-Gonda, in regard to incident, which took place on 28.11.2024 at 07:30 A.M. As borne out from the documents on record, a medical report dated 28.11.2024 was received, in which an injury in the head caused by sharp edged weapon was found. Consequently Section 118 (1) B.N.S., 2023 was added, which is cognizable and non-bailable, accordingly it was converted into FIR, which was registered. The Police is empowered to investigate the matter in a cognizable offence, thereafter the investigation was conducted thereafter.

7. Section 174 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as “B.N.S.S.”) provides information about non-cognizable cases and the investigation of such cases. Sub-section (2) of Section 174 of B.N.S.S. provides that no police officer shall investigate a non- cognizable case without the order of a Magistrate having power to try such case