Court Rules Non-Cognizable Offence Cannot Proceed Without Magistrate's Permission and Proper Complaint Under MMDR Act
In a significant ruling, the Andhra Pradesh High Court, presided by Dr. Venkata Jyothirmai Pratapa, J., has quashed criminal proceedings against P Rashidulla in connection with a sand theft case. The court determined that the proceedings were initiated in violation of legal mandates concerning non-cognizable offences and the procedure under the Mines and Minerals (Development and Regulation) Act (MMDR Act).
The petitioner, P Rashidulla, was accused under Section 303(2) of the Bharatiya Nyaya Sanhitha, 2023, which pertains to theft where the value of the stolen property is below Rs.5,000/-. This section classifies such offences as non-cognizable, requiring police to seek permission from the Magistrate for investigation. Additionally, under Section 21(1) of the MMDR Act, a trial can only proceed on a written complaint by a government-authorized officer, a protocol not followed in this case.
The court observed that the police registered the FIR without obtaining the necessary Magistrate's direction, constituting an abuse of the legal process. The Assistant Public Prosecutor confirmed that the sand's value was Rs.1,500/-, reinforcing the non-cognizable nature of the offence.
This judgment highlights the importance of adhering to statutory requirements in criminal proceedings, especially in non-cognizable offences, underscoring the necessity for police to secure Magistrate's approval and for complaints under the MMDR Act to be properly filed by authorized officers.
Bottom Line:
Police cannot register a case and investigate a non-cognizable offence under Section 303(2) of Bharatiya Nyaya Sanhitha, 2023 (Theft), without obtaining permission from the Magistrate as mandated under Section 174 of Bharatiya Nagarik Suraksha Sanhita, 2023. Similarly, the Trial Court is barred from taking cognizance of offences under Section 21(1) of MMDR Act unless a written complaint is filed by the authority notified by the government.
Statutory provision(s): Bharatiya Nyaya Sanhitha, 2023 Section 303(2), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 174, MMDR Act Section 21(1)
P Rashidulla v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc Id # 2833307
