Case Note & Summary
The petitioner, Ravikumar S/o Bhimsen Kase, filed a criminal petition under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.100/2011 (later CC No.9/2012) pending before the Civil Judge & JMFC, Bilagi, for offences under Sections 504 and 506 IPC. The FIR was lodged by respondent No.2, S.S. Masuti, a Police Sub-Inspector, alleging that the petitioner abused him over the phone. The petitioner's counsel raised a technical point that both offences are non-cognizable, and the police had no jurisdiction to investigate without an order from a Magistrate under Section 155(2) Cr.P.C. The court examined the FIR and found that the offences alleged were indeed non-cognizable. The police had registered the FIR, investigated, and filed a charge sheet without obtaining the requisite permission from the Magistrate. The court held that such investigation is without jurisdiction and the entire proceedings are vitiated. Consequently, the court allowed the petition and quashed the proceedings in CC No.9/2012.
Headnote
A) Criminal Procedure Code - Non-Cognizable Offences - Police Investigation Without Magistrate's Order - Sections 155(2), 155(3), 482 Cr.P.C., 1973 - The police registered an FIR for offences under Sections 504 and 506 IPC, which are non-cognizable, and investigated without obtaining prior permission from a Magistrate. The court held that such investigation is without jurisdiction and the entire proceedings are liable to be quashed. The court relied on the principle that a police officer cannot investigate a non-cognizable offence without the order of a Magistrate under Section 155(2) Cr.P.C. (Paras 2-6).
Issue of Consideration
Whether the police had jurisdiction to investigate and file a charge sheet for non-cognizable offences under Sections 504 and 506 IPC without an order from a Magistrate under Section 155(2) Cr.P.C.
Final Decision
The petition is allowed. The entire proceedings in CC No.9/2012 on the file of Civil Judge & JMFC, Bilagi, are quashed.
Law Points
- Non-cognizable offences
- Police jurisdiction
- Investigation without magistrate's order
- Quashing of proceedings
- Section 155 Cr.P.C.
Case Details
2014 LawText (KAR) (04) 7
Criminal Petition No.100555/2014
Gouri Shankar H Mot (for petitioner), V.M. Banakar (Addl. SPP for R1)
Ravikumar S/o Bhimsen Kase
State of Karnataka and S.S. Masuti
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings for offences under Sections 504 and 506 IPC.
Remedy Sought
Quashing of entire proceedings in Crime No.100/2011 (CC No.9/2012) on the file of Civil Judge & JMFC, Bilagi.
Filing Reason
The petitioner argued that the offences were non-cognizable and the police investigated without an order from a Magistrate under Section 155(2) Cr.P.C., rendering the proceedings without jurisdiction.
Previous Decisions
The FIR was registered on 23.4.2011, investigated, and a charge sheet was filed, resulting in CC No.9/2012. No prior decisions mentioned.
Issues
Whether the police had jurisdiction to investigate non-cognizable offences under Sections 504 and 506 IPC without an order from a Magistrate under Section 155(2) Cr.P.C.
Submissions/Arguments
Petitioner's counsel submitted that Sections 504 and 506 IPC are non-cognizable, and the police had no jurisdiction to investigate without a Magistrate's order under Section 155(2) Cr.P.C., hence the proceedings should be quashed.
Ratio Decidendi
A police officer cannot investigate a non-cognizable offence without the order of a Magistrate under Section 155(2) Cr.P.C. Any investigation conducted without such order is without jurisdiction, and the entire proceedings are liable to be quashed under Section 482 Cr.P.C.
Judgment Excerpts
A Technical point raised before this Court by the learned Counsel for the petitioner is that both the offences i.e. 504 and 506 of IPC are non cognizable in nature and the Police Officer gets absolutely no jurisdiction to investigate the matter and to submit any report pertaining to non cognizable offences.
Therefore, the entire proceedings are required to be quashed.
Procedural History
FIR was registered on 23.4.2011 for offences under Sections 504 and 506 IPC. Police investigated and filed charge sheet, leading to CC No.9/2012. Petitioner filed Criminal Petition No.100555/2014 under Section 482 Cr.P.C. seeking quashing. The High Court allowed the petition on 4.4.2014.
Acts & Sections
- Indian Penal Code, 1860: 504, 506
- Code of Criminal Procedure, 1973 (Cr.P.C.): 155(2), 155(3), 482
