Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC
6 months ago

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC

Live Law  

The Allahabad High Court has observed that the investigation of a non-cognizable offence by the police without prior permission of the competent Magistrate is illegal, and subsequent permission by the Magistrate cannot cure this illegality. It was the case of the accused persons that the police lodged an FIR and also submitted a Police Report under Section 188 IPC, which is without jurisdiction as Section 195 CrPC specifically provides that no court shall take cognizance of any offence under Sections 172 to 188 except upon a complaint in writing of the public servant. Perusing the Section 188 IPC read with Section 195 CrPC, which mandates that no court shall take cognizance of an offence under Section 188 IPC, except on a written complaint by the concerned public servant. The Court remarked: “As provided by section 195 CrPC, a court cannot take cognizance of an offence under section 188 IPC without a written complaint from the concerned public servant. Against this backdrop, the Court observed that the absence of a written complaint from the concerned public servant for the offence under Section 188 IPC violated the mandatory procedural requirement under Section 195 CrPC.

Court Ipc Fir Complaint Sheet Permission Offence Magistrate Crpc Cognizance Prior Permission 188 Section 188 Ipc  court  sheet  magistrates  188  sans  cognizance  complaint  offence  nod  noncognizable  subsequent  magistrate  illegal  ipc  permission  investigation  crpc  immaterial

History of this topic

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court
1 month ago

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court

Live Law  

The Delhi High Court has recently held that it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Enforcement Directorate complaint, unlike a private complaint under CrPC or BNSS.Justice Chandra Dhari Singh observed that an initial complaint can be filed by ED under Section 44 of the PMLA, even if the investigation …

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court
1 month, 1 week ago

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court

Live Law  

The Allahabad High Court has observed that an error apparent on the face of the record, such as the non-availability of the specific date and timing in an FIR, cannot be rectified at the investigation stage. A bench of Justice Saurabh Srivastava termed the Chief Judicial Magistrate Mirzapur's act of taking cognizance of the charge sheet —despite the FIR lacking …

High Court Allows Cognizance of Offense Based on Protest Petition, Even If Magistrate Declined to Take Cognizance of Police Report
2 months ago

High Court Allows Cognizance of Offense Based on Protest Petition, Even If Magistrate Declined to Take Cognizance of Police Report

Live Law  

The Madras High Court has observed that the Magistrate can take cognizance of an offense based on a complaint or a protest petition even if he has earlier declined to take cognizance based on the police report. The court noted that while exercising this judicial discretion, the Magistrate was expected to apply his mind to the contents of the protest …

Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC
6 months ago

Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC

Live Law  

The Allahabad High Court has observed that the offences cannot be added or subtracted by the concerned Magistrate or Judge in the police report when they are being considered under Section 190 CrPC. To hold thus, the Court relied upon the Judgment of the Top Court in the case of State Of Gujarat vs Girish Radhakishan Varde wherein it was …

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation
6 months, 1 week ago

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation

Live Law  

The Allahabad High Court last week pulled up the Deputy Commissioner of Police, Central NOIDA, Gautambudh Nagar, for directing a further investigation in a criminal case, in which a chargesheet had already been filed and cognizance taken, without obtaining the leave of the concerned Magistrate. Challenging the order of the Deputy Commissioner of Police as well as the further investigation …

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls
8 months ago

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls

Live Law  

The Allahabad High Court last week quashed criminal proceedings in connection with a case against a Samajwadi Party leader and former UP Minister's daughter, Shreya Verma, who was accused of canvassing for his father in the Uttar Pradesh Vidhansabha elections of 2022 without obtaining the necessary permission. It was the contention of the counsel appearing for Verma that the impugned …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
8 months, 1 week ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC
8 months, 3 weeks ago

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC

Live Law  

The Karnataka High Court has held that the delay caused in taking cognizance by the magistrate court after a private complaint is filed when there is no malafide on part of the complainant is required to be excluded for the purpose of the computation of the period of limitation as prescribed under Section 468 of the Code of Criminal Procedure. …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
11 months ago

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC

Live Law  

The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly …

Offence Punishable U/S 506 IPC If Committed In Uttar Pradesh Is A Cognizable Offence: Allahabad High Court
11 months ago

Offence Punishable U/S 506 IPC If Committed In Uttar Pradesh Is A Cognizable Offence: Allahabad High Court

Live Law  

The Allahabad High Court last week observed that an offence under Section 506 IPC if committed in the State of Uttar Pradesh is a cognizable offence. Gazette dated 31st July 1989, notifying the declaration made by the then Governor of UP that any offence punishable under Section 506 of the IPC when committed in Uttar Pradesh, shall be cognizable and …

Anyone Including Victims, Eyewitnesses Or Cops Having Knowledge Of Commission Of Cognizable Offence Can Lodge FIR: Allahabad HC
11 months, 1 week ago

Anyone Including Victims, Eyewitnesses Or Cops Having Knowledge Of Commission Of Cognizable Offence Can Lodge FIR: Allahabad HC

Live Law  

Reading Sections 154 & 155 of CrPC conjointly, the Allahabad High Court has observed that anyone possessing knowledge about the commission of a cognizable offence has the authority to file an FIR. Court's observations At the outset, the Court stressed the importance of an FIR, calling it an indispensable document in the realm of criminal justice “which serves as the …

Pre-Cognizance Hearing Of Accused : Changes Under Bharatiya Nagarik Suraksha Sanhita (New CrPC) On Magistrate's Cognizance Of Complaints
11 months, 2 weeks ago

Pre-Cognizance Hearing Of Accused : Changes Under Bharatiya Nagarik Suraksha Sanhita (New CrPC) On Magistrate's Cognizance Of Complaints

Live Law  

Taking cognizance of an offence is the first and foremost step towards trial. The Bhartiya Nagrik Suraksha Sanhita, 2023 that seeks to replace the existing Code of Criminal Procedure, 1973 made certain changes regarding cognizance of the alleged offence stage of cognizance proceedings before the magistrate. Section 223 of BNSS describes the procedure regarding examination of complainant, where sub-section 1 …

S. 156(3) CrPC | Magistrate Has Discretion To Direct Police Investigation Into Complaint Without Passing Elaborate Orders: AP High Court
1 year ago

S. 156(3) CrPC | Magistrate Has Discretion To Direct Police Investigation Into Complaint Without Passing Elaborate Orders: AP High Court

Live Law  

In a recent case, the Andhra Pradesh High Court dismissed a quashing petition filed by an accused on the ground that the Magistrate was right in forwarding the complaint to the police as it disclosed various cognizable offences and the police can thoroughly investigate the matter. Moreover, it was argued that an order of the Magistrate under Section 156 must …

S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court
1 year, 3 months ago

S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court

Live Law  

The Orissa High Court has recently held that an order of cognizance cannot be quashed merely because the police conducted ‘further investigation’ under Section 173 of the Code of Criminal Procedure without obtaining formal permission from the Court. While refusing to quash the order of cognizance against the petitioner, the Single Bench of Justice Gourishankar Satapathy observed, “The order taking …

SHO Can Seek Magistrate's Permission U/S 155(2) CrPC To Investigate Non-Cognizable Offence: Karnataka High Court
1 year, 6 months ago

SHO Can Seek Magistrate's Permission U/S 155(2) CrPC To Investigate Non-Cognizable Offence: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that it is not necessary for only the complainant to approach the Magistrate court under Section 155 CrPC seeking permission to investigate a non-cognizable offence, and even a Police Officer to whom the complaint is presented can do so. Wherefore, it is not necessary for the informant alone to knock at the …

RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court
1 year, 6 months ago

RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court

Live Law  

The Madras High Court recently observed that the offence under Section 127A of the Representation of Peoples Act is a non cognizable one. Justice Sunder Mohan held that since the punishment prescribed for the offence is imprisonment for a period of six months, as per Schedule II of the Criminal Procedure Code, it would be a non cognizable offence. "This …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 6 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High Court
1 year, 8 months ago

Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High Court

Live Law  

The Kerala High Court recently held that the police is not competent to register an offence under Section 195A of the Indian Penal Code and that only a court is competent to consider an offence in relation to false evidence.A single bench of Justice A. Badharudeen observed that “When the threat dealt in Section 195 of IPC is giving. The …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 8 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

Judicial Officers' Conduct In Passing Orders On Printed Proforma Sans Application Of Judicial Mind 'Objectionable': Allahabad HC
1 year, 10 months ago

Judicial Officers' Conduct In Passing Orders On Printed Proforma Sans Application Of Judicial Mind 'Objectionable': Allahabad HC

Live Law  

The Allahabad High Court has observed that the conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated.The bench of Justice Shamim Ahmed observed thus while quashing the cognizance order of the Court of ASJ/POCSO-II Raibareli summoning a man accused of. …

Can't Reject Passport Application On The Basis Of Reports Of Non-Cognizable Cases Not Investigated Into: Allahabad High Court
2 years ago

Can't Reject Passport Application On The Basis Of Reports Of Non-Cognizable Cases Not Investigated Into: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the reports with regard to the non-cognizable cases could not be made the basis for rejecting an application for the issuance of a passport if they had not been investigated into.The bench of Justice Siddhartha Varma and Justice Ajit Singh observed thus while hearing a writ plea filed by one Basoo Yadav, who …

Representation Of Peoples Act | S.127A Prescribes Non-Cognizable Offence, Magistrate's Permission Mandatory For Police Investigation: Karnataka HC
2 years, 3 months ago

Representation Of Peoples Act | S.127A Prescribes Non-Cognizable Offence, Magistrate's Permission Mandatory For Police Investigation: Karnataka HC

Live Law  

The Karnataka High Court has said that offence under Section 127-A of the Representation of People Act is a non-cognizable offence and hence, permission for police investigation must be granted by Magistrate in terms of Section 155 of CrPC. A single judge bench of Justice S. Sunil Dutt Yadav allowed the petition filed by one Mahantesh Koujalagi and set aside …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 3 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

Issuing Summons On Printed Proforma After Passing Hand Written Cognizance Order On Chargesheet Isn't Invalid: Allahabad High Court
2 years, 4 months ago

Issuing Summons On Printed Proforma After Passing Hand Written Cognizance Order On Chargesheet Isn't Invalid: Allahabad High Court

Live Law  

The Allahabad High Court has observed that if the order of taking cognizance has been passed on the first page of the charge-sheet in the hand writing not by filling up the proforma then the summoning order carried on the order-sheet on printed proforma won't be invalid.The bench of Justice Mohd. The Allahabad High Court has observed that if the …

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court
2 years, 5 months ago

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court

Live Law  

The Allahabad High Court has observed that if cognizance has been taken on a police report, then there is no need to pass a fully reasoned order if from the perusal of the cognizance order it appears that the court has applied its mind to the materials on record. The State of Karnataka LL 2021 SC 691, the Court observed …

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC
2 years, 5 months ago

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC

Live Law  

The Karnataka High Court has said that Section 468 of CrPC specifies that no court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from the date of alleged incident. A single judge bench of Justice Hemant Chandangoudar while allowing the petition filed by one Karan Menon said, …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
2 years, 10 months ago

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

Live Law  

The Allahabad High Court has clarified that as per Section 202 CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further …

Fully Reasoned Order Not Necessary For Taking Cognizance On The Basis Of Police Report : Supreme Court
3 years ago

Fully Reasoned Order Not Necessary For Taking Cognizance On The Basis Of Police Report : Supreme Court

Live Law  

The Supreme Court has observed that it is not obligatory on the part of the Court to issue a fully reasoned order for taking cognizance on the basis of a police report. "Though all the above judgments mention that the Magistrate needs to apply his mind to the materials placed before him before taking cognizance, they have been differentiated on …

Irregularity In Order Taking Cognizance Will Not Vitiate Criminal Proceedings : Supreme Court
3 years ago

Irregularity In Order Taking Cognizance Will Not Vitiate Criminal Proceedings : Supreme Court

Live Law  

The Supreme Court has held that an irregularity in the order taking cognizance will not vitiate the proceedings in a criminal trial.A bench comprising Justice DY Chandrachud, Justice Vikram Nath and Justice BV Nagarathna was deciding an appeal filed against a judgment of the Karnataka High Court which dismissed the appellant's petition. The Supreme Court has held that an irregularity …

Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court
3 years, 1 month ago

Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court

Live Law  

The Supreme Court has held that prior sanction of the Magistrate is not mandatory for investigating a non-cognizable offence along with a cognizalbe offence.A bench comprising Justices MR Shah and AS Bopanna held so while dealing with an appeal against a judgment of the Jammu and Kashmir High Court, which quashed an FIR for offences under under the J&K Prevention …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 2 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 3 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC
3 years, 4 months ago

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC

Live Law  

The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without sanction of the Central Government under Section 188 of the Code of Criminal Procedure.But such previous sanction is not required at the stage of cognizance, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose said.In this …

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court
3 years, 11 months ago

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court

Live Law  

The Lucknow Bench of the Allahabad High Court recently observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to the Police to register an FIR on their complaints, but they should first avail the alternative statutory remedies under the Code of Criminal Procedure, of approaching district police superintendents or magisterial court. Findings …

Any Activity Creating Hatred, Tension On Ground Of Religion, Race, Caste, Community Or Language Can't Lead To Fair Elections: U'Khand HC [Read Order]
4 years, 2 months ago

Any Activity Creating Hatred, Tension On Ground Of Religion, Race, Caste, Community Or Language Can't Lead To Fair Elections: U'Khand HC [Read Order]

Live Law  

The Uttarakhand High Court on Monday observed that "for fair and peaceful election, during the election campaign, party or candidate should not indulge in any activity which may create mutual hatred or cause tension between different classes of the citizens of India on the ground of religion, race, caste, community or language." Background An application was filed under Section 482 …

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