LAWS(DLH)-2010-12-226

JAMAL NASIR Vs. STATE

Decided On December 20, 2010
JAMAL NASIR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PETITIONER seeks quashing of the FIR No. 297/2006 under Section 500 IPC registered at Police Station Timarpur by way of present petition under Section 482 of Code of Criminal Proceedure (Cr.P.C.)

(2.) SHORT legal question which needs to be answered in this petition is "whether FIR can be registered by the Station House Officer of a Police Station in a non-cognizable offence, without obtaining permission of the Metropolitan Magistrate of the concerned area, where offence had allegedly been committed?"

(3.) PERUSAL of 1st Schedule of the Code of Criminal Procedure, 1973 (Cr.P.C.) makes it abundantly clear that offence under Section 500 IPC is a non-cognizable offence.