BISWANATH SARAF Vs. STATE

JUDGEMENT

(1.) THESE Rules axe directed against the order dated 10. 9. 76 passed by the learned Metropolitan Magistrate, Calcutta.

(2.) AN application was filed on behalf of the accused petitioners that the challan submitted in the case against the accused persons disclosed no cognizable offences under the old Code and as the Police did not take the permission of the Court under section 155 (2) of the Cr. P. Code at the investigation stage when it was found that the offences were non-cognisable only the cognizance taken in the case by the learned Magistrate was bad in law on the basis of such a challan. Police started investigation in the case on the basis of a first Information Report which disclosed offences under sections 420/511 and 471/467 Indian penal Code. Ultimately charge-sheet was submitted in respect of offences under sections 471 and 467 indian Penal Code which offences were previously non-cognizable under the old Code.

(3.) IT was submitted by Mr. Balai chandra Ray appearing on behalf of the petitioners that the cognizance is bad inasmuch as at the time cognizance was taken by the learned Magistrate the challan disclosed only non-cognizable offences and as police had not taken permission under section 155 (2) of criminal Procedure Code for investigating into non-cognizable offences the whole investigation is bad and consequently the challan is also bad and thus cognizance taken on vitiated challan was liable to be quashed. When the investigation started, however, on the basis of the first information Report an offence under section 420 I. P. C. was also there. Accordingly there was nothing wrong in investigating as the police did at that time as in investigating into a cognizable offence, police may also investigate into non-cognizable. Ultimately, on examination of witnesses, police found that there was no offence under section 420 Indian Penal Code and non-cognizable offences only were made out. Accordingly challan was submitted for non-cognizable offences only When the investigation was complete the Criminal Procedure Code of 1973 came into operation. Under the present Code offences under sections 471, 467 and 474 have been made cognizable offences. Therefore, the learned Magistrate was right in taking cognizance of the case on the basis of the charge-sheet for he was acting under the provisions of the new Code.