Court dismisses application challenging the validity of investigation initiated by complainant's request under Section 155(2) of Cr.P.C., affirming judicial supervision over police investigations.
In a significant ruling, the Allahabad High Court, Lucknow Bench, has upheld the legal principle that a Magistrate can permit the investigation of non-cognizable offences based on applications filed by complainants or aggrieved persons. This decision came as the court dismissed the application of Shiv Pratap @ Jokhu, who sought to quash the proceedings initiated against him in Ambedkar Nagar.
The case revolved around an NCR (Non-Cognizable Report) lodged on March 26, 2014, following which the complainant sought the Magistrate's permission to investigate the matter, which was granted on March 28, 2014. Shiv Pratap @ Jokhu contested this permission, arguing that under Section 155(2) of the Criminal Procedure Code, only police officers are authorized to request such permission.
Justice Rajeev Bharti, presiding over the case, highlighted that Section 155(2) Cr.P.C. restricts police officers from investigating non-cognizable offences without a Magistrate's order but does not prevent complainants from approaching the Magistrate for such permission. The court cited precedents, including Brij Lal Bhar v. State of U.P., affirming that both police officers and complainants are entitled to seek a Magistrate's order for investigation.
The judgment emphasized the need for judicial oversight in investigations while ensuring that procedural technicalities do not obstruct justice. The court also referred to the Supreme Court's decision in Sakiri Vasu v. State of U.P., which underscores the Magistrate's extensive powers to ensure proper investigations.
The court further dismissed the application under Section 482 Cr.P.C., concluding that the proceedings were not without jurisdiction, nor did they constitute an abuse of process or miscarriage of justice. It clarified that procedural provisions should facilitate justice rather than hinder legitimate prosecutions.
This ruling reinforces the legal framework that allows complainants to initiate investigations into non-cognizable offences, ensuring judicial supervision and protecting the rights of aggrieved individuals seeking redress.
Bottom Line:
Section 155(2) Cr.P.C. allows Magistrates to grant permission for investigating non-cognizable offences based on applications by complainants or aggrieved persons, and investigations conducted under such orders are valid.
Statutory provision(s): Section 155(2) Cr.P.C., Section 482 Cr.P.C.
Shiv Pratap @ Jokhu v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2853047
