offences under
the PFA Act are both cognizable and non- cognizable.
Thus, whether a case is a case instituted on a complaint
depends ... acquittal is passed, whether
the offence be bailable or non- bailable, cognizable or
non- cognizable, the complainant can file an application
under Section
Vimal Yashwantgiri Goswami vs State Of Gujarat on 20 October, 2020
Author: J. B. Pardiwala
that too both the sections are non-
cognizable offences. Even though the offences are non-cognizable
offence in nature, the first respondent has rightly obtained ... least one is cognizable,
the case shall be deemed to be a cognizable
case, notwithstanding that the other
offences are non-cognizable
non-cognizable and Section 154 Cr.P.C. Of course, the police is entitled to investigate into a non-cognizable offence pursuant to an order ... police initiates investigation into a cognizable offence - unlike the present one - but ultimately finds that only a non-cognizable offence has been made
Vinodpari Navalpari Gosai vs State Of Gujarat on 20 October, 2020
Author: J. B. Pardiwala
Saurabh Mukundbhai Kathvadia vs State Of Gujarat on 20 October, 2020
Author: J. B. Pardiwala
Jagdishbhai Popatbhai Thakor vs State Of Gujarat on 20 October, 2020
Author: J. B. Pardiwala
captioned ‘Certain offences
to be non-cognizable’ reads as follows :
‘279A. Certain offences to be non-cognizable.—
Notwithstanding anything contained in the Code of
Criminal ... section 277 or section 278 shall be
deemed to be non-cognizable within the meaning of
that Code.’
(c) A perusal of Section 279A
constitute a cognizable offence but constitute
a non-cognizable offence, no investigation is permitted by a
police officer without an order of a Magistrate ... examined to determine whether such an
offence is cognizable or non-cognizable. The last item of Table
No.2 (Classification of offences against other laws
speaks about cases where police has investigated a cognizable case but investigation made discloses a non-cognizable offence.
In the case of Keshab Lal Thakur ... where the police initiates investigation into a cognizable offence but the offence is turned into a non cognizable offence.
It is relevant at this juncture
