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mohd. Riyazuddin (Sub-Inspector of Poice)     22 September 2008

pre condition for taking cognizence

Sir, I am working as Sub-Inspector of Police in Hyderabad City. Few months back I received a complaint form the authorized authority that he received information that one shop owner is selling/ letting on rent the pirated Video CDs. Since the information furnished by him is a hear say, I made an entry in the General Diary mentioning all the facts of the written information and drafter search proceeding u/s 165 Cr.P.C before mediators and raided the above shop along with the informant and mediators and seized number of Pirated VCDs. After retuning to police station registered the case. During the Trial while deposing my evidence the Trial Court Judge has find fault with my investigation procedure for not registering the case when I received information regarding the piracy of CDS. I explained the court that, the information provided by the informant is “hear say” as such I did not register the case. But I could not convince the court. Now the question is, whether my act of making entry in General Diary regarding receipt of “hear say” information and proceeding to the scene of offence and after seizing the incriminating material and then registering case is a defective investigation?


 3 Replies

K.C.Suresh (Advocate)     22 September 2008

Same querry of Mohd. Riyazuddin is answered in another head

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 September 2008

Police officer made an investigation has reasonable grounds, here say or what may. U seized pirated CDs

sanjay g mehta (lawyer)     24 September 2008

if you are investigating cogn offence , you can directly enter and seize the contraband property without making any entry , after completing or assuring about offence is committed yuo can make entry afterward , there is no necessisity to file FIR and then investigate , FIR is not sine qua non for investigation in cognizible offence

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