Non cognizable offense
PARTHA SARKAR
(Querist) 26 August 2012
This query is : Resolved
If magistrate give permission for enquiary in non-cog offense what would hapnes next.
Complaints are false and witnesses also manufactured if prior intimation already has given to the concerned police station regarding above mentioned possible false cases may be lodged. Please advice without knowing the section as matters are under consideration of magistrate for necessary permission for enquiry. Is there any pro-active measuer maintanable before taking cognizance as per provision of laws?
THANKACHAN V P
(Expert) 26 August 2012
You cannot interfere with the investigation conducted by the police .only remedy available to approach the high court to quash the proceedings
Nadeem Qureshi
(Expert) 26 August 2012
I don;t agree with Mr. Thankachan, if you have strong and documentory proof to show your innocence you can file an application for discharge u/s 245 of Crpc.
Nadeem Qureshi
(Expert) 26 August 2012
245. When accused shall be discharged.
(1) If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing, in this section shall be deemed to prevent a Magistrate from discharging he accused at any previous stage of the case if, for reasons to be recorded Magistrate, he considers the charge to be groundless.
STATE AMENDMENT
WEST BENGAL:
In section 245, after sub-section (2), the following sub-section shall be inserted, namely:-
"(3) lf the eviderice referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the aecused, the Magistrate shall discharge the accussed unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall be in the interest of justice to discharge the aceused."
Feel free to call
THANKACHAN V P
(Expert) 26 August 2012
Dear Nadeem after the complaint is forwarded to police , the magistrate cannot interfere with the investigation . The role of the accused comes only after charge sheet is filed or he has to approach the high court to quash the fir .
Section 244 comes only after charge sheet is laid and trial is started .Here the case is under investigation before police .244 is far away from 156(3). Thanks for the academic discussion
V R SHROFF
(Expert) 26 August 2012
Apply for Discharge is preferred action by accused.
venkatesh Rao
(Expert) 26 August 2012
All dear experts,
Don't jump to answer on vague memory without grasping the iota of query. Querist has clearly put it that the complaint is still in investigation stage. How on the earth can you advise him to press into service 245 cr.p.c? Can a magistrate get his jurisdiction under chapter XiX cr. p. c. before taking cognizance or commencement of trial?
PARTHA P BORBORA
(Expert) 26 August 2012
as the magistrate has send the case 4 police investigation you have no option but to wait nd see. After completion of the investigation police will either file a finale report or a charge sheet. But it will take time. So just wait nd see .
JANAK RAJ VATSA
(Expert) 26 August 2012
once the magistrate has sent the complaint for investigation by the police, his role is over and the police takes over for investigation during which any intervention is unwarranted. the complainant can put across his story to the police when asked for
PARTHA SARKAR
(Querist) 26 August 2012
Dear experts,
Police informed that said prayers (non-cog in nature) were submitted to Ld Chief Judicail Magistrate for necessary permission for enquiry in reaspect of the General Diary entries. Kindly advice.
