O R D E R:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short (cid:145)Cr.P.C.(cid:146)) by the petitioners/A1 to A5 to quash the proceedings in C.C.No.812 of 2021 on the file of Additional Judicial Magistrate of First Class at Ramannapet, Yadadri Bhongir District. The offences alleged against the petitioners/A1 to A5 are under Sections 290, 325 and 506 R/w.34 of the Indian Penal Code.

2. Heard. Perused the record.

3. The petitioners are questioning the petty case charge sheet which is filed pursuant to information received by the Ramannapet Police of Yadadri Bhongir District, and a GD entry was made. A requisition was sent to the Additional Judicial First Class Magistrate to accord sanction to investigate the complaint, since the offences alleged were non-cognizable in nature and punishable under Sections 290, 323 and 506 r/w.34 of the Indian Penal Code. Having received such permission, the Police Ramannapet investigated the case and filed charge sheet for the offences under Sections 290, 325 and

506 r/w.34 of the Indian Penal Code.

4. According to the charge sheet, on 04.06.2020 at 13:50 hours while the 2nd respondent was sleeping in the varanda, these accused went there and all of them kicked on his face with hands, as a result of which the 2nd respondent received bleeding injuries to his nose.

5. The Police having investigated the case, filed charge sheet. 6. Learned Counsel appearing for the petitioners would submit that the charge sheet has to be quashed solely on the ground that the Police had not followed procedure prescribed in investigating a cognizable offence. The registration of FIR is sine qua non before investigating into a cognizable offence and unless such registration of FIR is done, the consequent charge sheet is void and since procedure has not been followed, the charge sheet has to be quashed. He relied on the Judgment of Honourable Supreme Court in Lalita Kumari v. Government of U.P. and others 1 and has drawn the attention of this Court to para-111 wherein at points (i) and (ii) it is stated as follows;

(cid:147)(i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

(ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.(cid:148)

According to the counsel, since no FIR was registered, the question of the Police filing a charge sheet does not arise. Accordingly, the charge sheet in C.C.812/2021 is bad in law and deserved to be quashed.

7. On the other hand, learned counsel for the 2nd respondent would submit that a GD entry was made and permission was sought and there after the charge sheet was filed, when the Police found that the 2nd respondent received grievous injuries. Having gone through the record, the Police had taken the complaint and mentioned as (cid:147)consecutive number 01/2020(cid:148).

1 (2014) 2 SCC 1

In accordance with the procedure prescribed under Section 155(2) of the Cr.P.C., a requision was made to the Judicial First Class Magistrate and after permission was accorded, the case was investigated into. However, during the course of investigation, the Police found an offence under Section 325 of the Indian Penal Code is made out.

8. In the present case, the investigation started on the basis of the Police finding that the offences were non-cognizable offences and accordingly sought permission from the learned Magistrate. In the event of the Police subsequently finding that a cognizable offence is also made out, it will not preclude the Police from filing the charge sheet for the said offence, though a separate FIR was not registered as it is of no consequence. In the process of investigation, the Police had followed the procedure prescribed under Sec