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15 (1977) 4 SCC 459

24. Srinivas Gundluri v. SEPCO Electric Power Construction Corpn.16 (two Judges Bench) – The Magistrate in the case had merely allowed the application filed by the complainant under Section 156(3) of the Cr.P.C. and sent the same along with its annexure for investigation by the police officer and that was held not to have amounted to having taken cognizance.

25. Subramanian Swamy v. CBI17 (five Judges Bench) – It was observed that Section 156 of the Cr.P.C. enables an officer in charge of a police station to investigate a cognizable offence. Insofar as non- cognizable offences are concerned, it was found that the police officer by virtue of Section 155 Cr.P.C. can investigate it after obtaining appropriate orders from the Magistrate having power to try such case or commit the case for trial regardless of the status of the officer concerned. In view thereof, the scheme of Sections 155 and 156 of the Cr.P.C. was held to indicate that the local police may investigate a senior government officer without previous approval of the Central Government.