SAMBHUNATH BAROLIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both sides.

(2.) IN the present application, the petitioner has challenged the order dated 27.8.1999 passed by the Chief Judicial Magistrate, Dhanbad, in C.O. Case No. 88 of 1999 whereby he took cognizance of the offence under section 427 of the Indian Penal Code against the petitioner.

(3.) MR . S. N. Rajgarhia, learned counsel for the petitioner has challenged the impugned order whereby the learned Chief Judicial Magistrate, Dhanbad took cognizance in the case on the ground that under section 155(2) of the Code of Criminal Procedure (for short 'the Code ') no police officer shall investigate a non -cognizable case without the order of a Magistrate having power to try such case or commit the case for trial, but in the instant case, although no first information report was lodged and the allegation disclosed the commission of non -cognizable offence under section 427 of the Indian Penal Code, the police did not take any order from a competent Magistrate to investigate the case and without such order, proceeded to make investigation. It was next submitted that the complaint submitted by the police cannot be treated as a complaint under section 2(d) of the Code and its Explanation which provides as hereunder : -