JANAK RAJ Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS criminal revision has been placed before us in pursuance of the referring order of Jindra Lal, J., wherein the learned Single Judge has noticed the conflict of judicial opinion in this Court pertaining to the effect on a criminal trial, where there has been a non -compliance with the provisions of Section 155(2) of the Code of Criminal Procedure during the course of the investigation of the offence.

(2.) THE facts which give rise to this criminal revision may now be surveyed. On the 3rd of December, 1963, a case under Section 420/120 -B, Indian Penal Code, was registered against the Petitioner Janak Raj and five others. After the investigation a challan under the above -said sections against the Petitioner was put in but by his order dated the 12th of February, 1965, the learned Special Magistrate held that no offence under Section 420, read with Section 120 -B, Indian Penal Code, was made out against the Petitioner and his co -accused. However, by the same order the learned Magistrate observed as follows:

(3.) MR . M.L. Nanda the learned Counsel appearing on behalf of the State has in reply particularly pointed out that in the present case the first information report originally lodged disclosed cognizable offences and the police were thus authorised to investigate the same. In such an investigation they were not debarred from investigating into any non -cognizable offences also which may have been disclosed during the course of such an investigation. Reliance was placed by Mr. Nanda particularly on a Single Bench decision of this Court reported as Joginder Singh v. The State, 1966 P.L.R. 432. Therein R.P. Khosla, J., has categorically observed as follows: