Case Note & Summary
The petitioner, Anderson Mark Richard, a British national and former Senior Executive of Offshore Petroleum Industry Training Organization, filed a criminal writ petition under Article 226 of the Constitution of India and Section 482 CrPC seeking quashing of FIR LAC No. 39 of 2018 registered with Sahar Police Station, Mumbai, for alleged offences under Section 6 of the Indian Wireless Telegraphy Act read with Section 20 of the Indian Telegraph Act, 1885. The petitioner contended that the FIR was not maintainable as the alleged offences were non-cognizable, and the police had registered it without obtaining prior permission from the concerned Magistrate as required under Section 155(2) CrPC. The learned APP did not dispute the legal position. The court, after perusing the papers, found that the FIR was registered in gross violation of the mandatory statutory provision under Section 155(2) CrPC. Consequently, the court quashed the FIR and all consequential proceedings. The petition was allowed, and rule was made absolute.
Headnote
A) Criminal Procedure Code - Non-Cognizable Offence - Section 155(2) CrPC - FIR Registration - The police registered an FIR for offences under Section 6 of the Indian Wireless Telegraphy Act read with Section 20 of the Indian Telegraph Act, 1885, which are non-cognizable, without obtaining prior permission from the Magistrate as mandated by Section 155(2) CrPC. The court held that such registration is in gross violation of the mandatory statutory provision and the FIR and consequent proceedings are liable to be quashed. (Paras 3-7)
Issue of Consideration
Whether an FIR for a non-cognizable offence can be registered without prior permission of the Magistrate under Section 155(2) CrPC, and if such FIR is liable to be quashed.
Final Decision
The court allowed the petition, quashed FIR LAC No. 39 of 2018 registered with Sahar Police Station, Mumbai, and all consequential proceedings. Rule made absolute.
Law Points
- Non-cognizable offence
- FIR without Magistrate permission
- Section 155(2) CrPC mandatory
- Quashing of FIR
Case Details
2022 LawText (BOM) (12) 84
Criminal Writ Petition No. 2640 of 2021
Revati Mohite Dere, Prithviraj K. Chavan
Shine Mohammad, Dinesh Kadam, Mahesh Ahire, Ravi Mishra, Siddhant Dhavale, P. P. Shinde
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petition seeking quashing of FIR for non-cognizable offences under the Indian Wireless Telegraphy Act and Indian Telegraph Act.
Remedy Sought
Quashing of FIR LAC No. 39 of 2018 and all consequential proceedings.
Filing Reason
The FIR was registered without prior permission of the Magistrate as required under Section 155(2) CrPC for non-cognizable offences.
Issues
Whether the FIR for non-cognizable offences under Section 6 of Indian Wireless Telegraphy Act and Section 20 of Indian Telegraph Act, 1885, registered without prior permission of the Magistrate under Section 155(2) CrPC, is maintainable and liable to be quashed.
Submissions/Arguments
Petitioner argued that the FIR was not maintainable as the offences were non-cognizable and no permission was obtained from the Magistrate under Section 155(2) CrPC, relying on Haneefa and Ors v/s State of Kerala and Anr.
Respondent/State did not dispute the legal position.
Ratio Decidendi
An FIR for a non-cognizable offence cannot be registered by the police without prior permission of the Magistrate under Section 155(2) CrPC. Such registration is in gross violation of the mandatory statutory provision, rendering the FIR and consequent proceedings liable to be quashed.
Judgment Excerpts
He submits that the FIR has been lodged by the police in gross violation of the mandatory statutory provision, as mandated under Section 155(2) of the Code of Criminal Procedure ('Cr.PC').
Learned APP does not dispute the legal position.
The FIR itself was not maintainable, inasmuch as, the sections alleged are admittedly non-cognizable offences.
Procedural History
The petitioner filed a criminal writ petition under Article 226 of the Constitution of India and Section 482 CrPC before the Bombay High Court seeking quashing of FIR LAC No. 39 of 2018 registered with Sahar Police Station, Mumbai. The petition was heard and disposed of on 12 December 2022.
Acts & Sections
- Indian Wireless Telegraphy Act: Section 6
- Indian Telegraph Act, 1885: Section 20
- Code of Criminal Procedure, 1973 (CrPC): Section 155(2), Section 482
- Constitution of India: Article 226
