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Sahil K   08 October 2021

sugestion required

Neighbour women abused my wife and mybl wife also abused her and her husband filed NC and police picked my wife in police wan and then we filed cross NC.

1.can i get NC copy filed against me?
2.Can police pick my wife in NC?
3.Her husband was not present when this incident happen


 6 Replies

Pradipta Nath (Advocate)     08 October 2021

Police pick up means! Do you want to say arrest?

Sahil K   08 October 2021

yes for question answer they called my wife and took her in police van after we file NC she now free.

They have not put her in lockup just took her in police van with lady police for enquiry

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 October 2021

Your wife can demand to get NC copy. or else you can see the case status in the concern police station website. What is Non-cognizable Offence? The category of offences as per Criminal Procedure Code (CrPC) in which Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the court are known as Non-cognizable offences.

minakshi bindhani   10 October 2021

As per your concerned query!

Added to the reply of @Rama chart Rachakonda

section 155 of Crpc deals with the information as to non-cognizable cases and then they investigate such cases


When information is given to an officer in charge for the commission of a non-cognizable offence, within the limits of such station regarding a non-cognizable offence, he shall enter the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.

No police officer will investigate a non-cognizable case without the order of the Magistrate having power and jurisdiction to try such cases for trial.

In the case of Sudarshan vs. the State of Karnataka(1979)

It was held that any investigation into a non-cognizable offence that is done without the order of the Magistrate shall be deemed to be illegal and won’t be considered legal after subsequent permission of the authority.
About your query, your wife is entitled to get a copy of NC.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

Anand Sawant   11 October 2021

fraud charges

Ananya Gosain   14 October 2021

Greetings!

An NC offence is a non cognizable offence in which police officer has no authority of taking any action or arrest the culprit without a warrant. No police officer can investigate unless he is given prior permission to do so. The order of Magistrate is necessary. 


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