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...and their powers to investigate”. Section 154 reads as follows:“154. Information in cognizable cases.—(1) Every information relating to the commission of a cognizable...cases” and the same reads as follows:“156. (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a...(1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable...
...reads as follows:“154. Information in cognizable cases.—(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge...station in relation to that offence.”5. Section 156 deals with “Police officer's power to investigate cognizable cases” and the same reads as follows...punishable under the Indian Penal Code, 1860 (in short “IPC”) was disclosed, the police officials did not register the FIR and, therefore, directions should be given to register the cases and wherever...
...to investigate cognizable cases.—(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local...order an investigation by CBI in non-cognizable cases cannot be traced in the above provision, it is not possible to trace such power in any other provision of the Code. What is contained in sub...cognizable cases vests with such police officer. Section 156(3) of the Code empowers a Magistrate to direct such officer in charge of the police station to investigate any cognizable case over which...
...being received and reduced to writing, the officer in charge of the police station has been empowered under Section 156 to investigate into the cognizable cases. The procedure for investigation has...institution proceedings against one, Dr S.K Kacker, former Director of the All India Institute of Medical Sciences for the alleged cognizable offence punishable under Section 409, Indian Penal Code. The...in law.3. The Code of Criminal Procedure, 1973 (for short ‘the Code’) prescribes the procedure to investigate into the cognizable offences defined under the Code. In...
...reads:“154. Information in cognizable cases.—(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a...writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct..., and then to proceed with the investigation. The mandate of Section 154 is manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station...
...report against the petitioner which stated that there were reports with regard to non-cognizable cases being NCR No. 111/2012 and NCR No. 114/2018 and therefore, the passport could not be issued to him...House Officer submitted a report wherein it was mentioned that there was no order of the Court for investigating into non-cognizable cases which were registered against the petitioner as NCR No. 111...-cognizable cases and investigation of such cases.—
(1) When information is given to an officer in charge of a police station of the commission within the limits of such...
...cognizable cases.—(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the...investigate in cases involving cognizable offences is with the police. On the other hand, there may be occasions when the Magistrate may exercise his discretion and take cognizance of a cognizable offence...often it is found that the Judicial Magistrates working under the control of this Court many a time upon the complaints preferred before them, allegedly showing that a cognizable offence has been...
...- cognizable cases and investigation of such cases.
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(1) When information is given to an off...seeking permission to investigate the non-cognizable offence.
17. In the cases referred above, invariably the learned Magistrates have passed the orders on the...alleged offence is non-cognizable as per the Code of Criminal Procedure 1973. Therefore, the police have no authority to investigate the crime. It is further submitted that the police have not...
...that purpose. In the instant case, we do find that the application of the petitioner was rejected on the basis of the two reports of non- cognizable cases namely NCR No.111/2012...and NCR No.114/2018. The Director General of Police has also given his view that the reports with regard to the non- cognizable cases could not be made the basis for rejecting an...;
(2) Since we are finding that in quite a few cases the reports of non-cognizable cases in which the concerned Magistrate had not even ordered for...
...be in negative and it cannot, therefore, be said that the Magistrate is bound to order registration of a First Information Report in all cases, where a cognizable offence is disclosed...reason why the time of the Magistrate should be wasted when primarily the duty to investigate in cases involving cognizable offences is with the police. On the other hand, there may be occasions when the...Section 156(3) Cr.P.C containing allegations of commission of a cognizable offence for registration of the F.I.R and its investigation by the police even if those allegations...
....Warrants in all non-cognizable criminal cases and summonses in non-cognizable criminal cases in which the Government is the complainant are served...unexecuted at the end of it.(b) Similar information regarding summonses in cognizable and non-cognizable cases.(c...
...to my mind not arguable. A clear distinction is made in the Criminal Procedure Code between cognizable and non-cognizable cases. Section 54 empowers any police officer to arrest without an order from...suspicion exists of his having been so concerned. The object of the Code is to give the widest powers to the police in cognizable cases and the only limitation is the necessary requirement of...Ayling, J.:— The only point argued is that the arrest was illegal. It is in evidence that a warrant had been issued for the arrest of Velan and Kuppan on a charge of a cognizable offence...
...appreciate the rival submissions Section 156 of the Code needs to be quoted; the same reads as follows:“156. Police officer's power to investigate cognizable cases.—(1) Any.... There is no reason why the time of the Magistrate should be wasted when primarily the duty to investigate in cases involving cognizable offences is with the police. On the other hand, there may be...officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would...
...Criminal Procedure and the relevant provision thereof is Section 155 which deals with information as to non-cognizable cases and investigation of such cases, since under Section 9A of the 1944 Act all...offences under the Act are non-cognizable. For the sake of reference Section 155 Cr.P.C is extracted hereinbelow:-“155. Information as to non-cognizable cases and investigation...of such cases.- (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be...
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"155. Information as to non-cognizable cases and investigation of such cases...contains the guidelines to the Department Officers, in Chapter XXVII, Order 1211 relating to non cognizable cases states as follows:
" 1211. (1) When a Police...being non cognizable, 'permission' of the Magistrate to undertake the investigation was sought by submitting Annexure - J. The same being relevant, is extracted hereunder...
...Code.4. Section 156 is in Chapter XII. The heading of the Chapter is “Information to the Police and their Powers to Investigate”. Section 154 is about “Information in cognizable cases” and...Section 155 is about “In formation as to non-cognizable cases and investigation of such cases” and Section 156 is about “Police Officer's power to investigate cognizable cases”. Sub...under Section 156 in cognizable cases.7. The powers of the police to investigate into cognizable cases from two circumstances, viz., the police on their own accord i.e without the...
...cognizance of the offence irrespective of the person who gave the first information to it. It is provided in Section 155 as under:“155. Information as to non-cognizable cases and...investigation of such cases.—(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall...ignorance of the relevant statutory provisions.6. The first Schedule appended to the Code indicates that the offence under Section 494 IPC is non-cognizable and bailable. It...
.... Section 155 in Chapter XII pertains to information laid to the police regarding non-cognizable cases and sub-section (2) lays down that no police officer shall investigate a non-cognisable case without...
...information disclosing commission of a cognizable offence, to register a case rather the discretion lies with him, in appropriate cases, to hold some sort of preliminary inquiry in relation to the veracity...issue posed before this Bench, it is useful to refer to the following sections of the Code:“154. Information in cognizable cases.—(1) Every information relating to the...appropriate cases, it would be proper for a police officer, on receipt of a complaint of a cognizable offence, to satisfy himself that at least prima facie allegations levelled against the accused in...
...and for investigation. Nowadays, it has become a favourite of the litigants to convert the non-cognizable cases or cases which do not even make out a prima facie case of any offence, to approach the...orders in poking their nose into civil matters or non-cognizable cases. Such a sorry state of affairs should be properly checked and such a tendency treating the Magistrate as a mere postman to...