Invesitigation powers
brahmayya
(Querist) 06 June 2018
This query is : Resolved
sir, is there is any provision or guide lines when a police officer registered a non cognizable offence without taking prior permission of the court? what is the procedure to be followed to enable the police officer to compete the investigation and to file the charge sheet ?
Ms.Usha Kapoor
(Expert) 07 June 2018
A police officer has absolutely no powers to investigate a non cognizable case without the permission of Judicial Magistrate and if he does so the whole proceedings are illegal and liable to be quashed.
11. If the above said analogy is applied to the present case, FIR lodged before the police discloses that an offence u/s.504 and 506 appears to have been committed. The registration of the FIR by the jurisdictional police also discloses that they have registered a case u/s.504 and 506 IPC. It clearly establishes that Investigating Officer has knowledge that the FIR disclose only non cognizable offence and it is not the case that he proceeded to investigate the matter on some doubt that some cognizable offence might also have been committed. Such doubt or assumption of the police should be borne out from the record itself. The entire record shows that the Police Officer proceeded to investigate a non cognizable offence without taking permission of the learned Magistrate as mandated u/s.155(2) of Cr.PC. Therefore, in my opinion, the entire proceedings i.e. to say the filing of the charge sheet by the police, taking cognizance by the learned Magistrate, issuing process against the accused, the whole proceedings are vitiated by serious illegality, which is an incurable defect. Therefore, such proceedings are liable to be quashed.
For more information on this issue click the following link:
https://indiankanoon.org/doc/72736585/
Sudhir Kumar, Advocate
(Expert) 07 June 2018
please state facts of the case instead of framing question papers.
P. Venu
(Expert) 07 June 2018
Yes, what are the facts? Please post them.
K Rajasekharan
(Expert) 07 June 2018
The section which prevents a police officer from investigating a non-cognisable case without the order of a Magistrate is Section 155 (2) OF THE Code of Criminal Procedure, 1973.
Guest
(Expert) 08 June 2018
A very simple issue of PROCEDURE TO BE FOLLOWED for investigation of a non-cognizable offense gets complicated by Usha Kapoor, who preferred to discuss on POWERS of the police.and then stuck to his earlier view also. What an expertise!
Guest
(Expert) 08 June 2018
Dhingra alias jigyasu alias ramojikumar is a psychopathic patient with severe hatred for women which is proved by his perennial comments Advocate Ms.Usha Kapoor
Guest
(Expert) 08 June 2018
Very simple, under the provisions of sec. 155(2) of CrPC, police has to take orders of the Magistrate empowered to try such cases. After getting necessary orders of the competent Magistrate the police gets the same power u/s 155(3) to investigate the case, as like cognizable offence.
Guest
(Expert) 08 June 2018
See what this Quack had posted about this forum it self in his profile with bad comments which confirms this quack is a beggar as well.
Guest
(Expert) 08 June 2018
NJS Rajkumar, alia JOSHUA SAMUEL, alias Mohhammed Azharueen, alias Anusha, alias Kumar Doab, and tout of Usha Kapoor,
Psychopaths, like you, has no authority to declare others as psychopaths. You may better get proper treatment.
Guest
(Expert) 08 June 2018
See, what irrelevant posts this quack, NJS Rajkumar, has made, when he does not possess any knowledge of law. had he any knowledge, he could have have replied the query of the querist, instead of making totally irrelevant posts by demonstrating his own disturbed mental state.
Guest
(Expert) 08 June 2018
Psychopathic Disorders of Dhingra alias jigyasu alias ramoji kumar is very well Confirmed by his irritated post
Guest
(Expert) 08 June 2018
Paranoid Personality Disorders of Dhingra alias Jigyasu alias Ramojikumar is confirmed by his post of unnecessarily involving a Lady Advocate
Guest
(Expert) 08 June 2018
Dhingra alias Jigyasu alias Ramojikumar please meet a good Psychiatrist in Delhi before it could make you start running in the streets please
Guest
(Expert) 08 June 2018
Psychopatic disorders of NJS Rajkumar, alia JOSHUA SAMUEL, alias Mohhammed Azharueen, alias Anusha, alias Kumar Doab, and tout of Usha Kapoor, is very well confirmed when he posted several irrelevant posts, without having any connection with the present query.
Guest
(Expert) 08 June 2018
Psychopatic disorders of NJS Rajkumar, alia JOSHUA SAMUEL, alias Mohhammed Azharueen, alias Anusha, alias Kumar Doab, and tout of Usha Kapoor, is very well confirmed when he posted several irrelevant posts, without having any connection with the present query.
Guest
(Expert) 08 June 2018
Come on Dhingra alias jigyasy alias Ramoji kumar you could you should further proceed please .
Guest
(Expert) 08 June 2018
NJS Rajkumar, alia JOSHUA SAMUEL, alias Mohhammed Azharueen, alias Anusha, alias Kumar Doab, and tout of Usha Kapoor,
You may continue to post any number of irrelevant posts with your profusely disturbed mind, when you are totally blank in law .
.
Guest
(Expert) 08 June 2018
Please further proceed........................
Guest
(Expert) 08 June 2018
Please do not forget to check your BP
