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3. However before parting I feel constrained to refer to the contentions raised by the counsel for the petitioner that the Notification no.232-Home dated 11.01.1933 issued under Section 10 of Criminal Amendment Act of 1932 by the then Chief Commissioner of Delhi, which made the offence punishable under Section 506 IPC ''cognizable'' and ''non-bailable'' though Code of Criminal Procedure 1898 categorized this offence ''non-cognizable'' and ''bailable'' has outlived its utility and is operating against the law leislated by the Parliament by way of Code of Criminal Procedure, 1973 repealing the old Code of 1898 as Code of 1973 has also categorized this offence as ''non-cognizable'' and ''bailable'' and, therefore is liable to be quashed as in the instant case every other offence was bailable but petitioner was arrested and sent to jail because of the said notification making the offence under Section 506 IPC ''cognizable'' and ''non-bailable''.

4. Having had a vast and wide experience in administering criminal justice, this Court is in complete agreement with the counsel for the petitioner as it has come across hundreds of cases where the substantial offences are such which are ''non-cognizable'' and ''bailable'' that the police incorporates an offence under Section 506 IPC on bald statement of the complainant that he had been threatened by the accused without specifying whether it falls within part I or part II as part I prescribes two years' senence or fine while part II prescribes seven years or fine. Having once registered the FIR for the offence under Section 506 IPC Police empowers itself to arrest the offender and send him to jail as in that case he cannot be released unless he approache the Court for seeking bail which at times is not allowed.

Sd/- J.N.G. Johnson.

Chief Commissioner, Delhi,''

8. The difference between ''cognizable'' and ''non-cognizable'' offence is that in case of a cognizable offence, a police officer may arrest an offender without warrant and that in case of a non-cognizable offence, a police officer has no authority to arrest an offender without warrant.

9. Ingredients of offence of ''criminal intimidation'' as defined in Section 503 IPC and punishable under Section 506 IPC are as under:-

1. Threatening a person with any injury;

13. It is pertinent to point out that the first schedule of this Code classifying the nature of offences under the Indian Penal Code has remained unamended so far offence under Section 506 IPC is concerned. Offence under Section 506 IPC has right from its inception in 1898 been classified as ''non-cognizable'' and ''bailable''.

14. Though the necessity of making an offence cognizable in a particular area depends upon the degree of need for such preventive measures but at the same time it is necessary to reasonably safeguard the liberty of the people without undue interference by the police. Seventy years have passed but notification remains in force as if the need and circumstances still continue to be the same as were in 1933.