Section 155 in The Code of Criminal Procedure, 1973
155. Information as to non-cognisable cases and investigation of such cases.
(1) When information
alleged
offence is non-cognizable as per the Code of
Criminal Procedure 1973. Therefore, the police
have no authority to investigate the crime ... follow the mandatory procedure
prescribed under Section 155(1) and 155(2) of
Cr.P.C. Therefore, it is necessary to refer the
said provision
contrary to the scope of Sections 154 , 155 and 156 of the Code of Criminal Procedure. It is also contended that the Station House Officer ... proceed under Sections 200 , 202 and 204 of the Code of Criminal Procedure. In the present case, firstly the learned Magistrate has not taken cognizance
under:-
(a) An application dated 21.11.2014 purportedly under section 155
of the Code of Criminal Procedure, 1973 (hereinafter referred to
as „the Code‟) was filed ... section 155 of the Code, observed as follows:-
"15. Neither the Criminal Procedure Code nor the
Indian Penal Code define the word Order. Oxford
IPC. Section 506 of the IPC reads as follows:
"506. Punishment for criminal intimidation.--Whoever
commits the offence of criminal intimidation shall be punished ... alleged offence is non-cognizable as
per the Code of Criminal Procedure , 1973. Therefore, the
Police have no authority to investigate the crime
IPC. Section 506 of the IPC reads as follows:
"506. Punishment for criminal intimidation.--Whoever
commits the offence of criminal intimidation shall be punished ... alleged offence is non-cognizable as
per the Code of Criminal Procedure , 1973. Therefore, the
Police have no authority to investigate the crime
IPC. Section 506 of the IPC reads as follows:
"506. Punishment for criminal intimidation.--
Whoever commits the offence of criminal intimidation shall
be punished ... opinion, there is no illegality or
contravention of Section 155(1) Code of Criminal
Procedure by any of the two Station House Officers in
these
CRL.P No. 7181 of 2024
"8 . In my opinion, there is no illegality or
contravention of Section 155(1) Code of Criminal
Procedure ... Section 155 . Not
only a police officer or a complainant can
approach the Magistrate under Section 155(2)
Code of Criminal Procedure but also
IPC. Section 506 of the IPC reads as follows:
"506. Punishment for criminal intimidation.--Whoever
commits the offence of criminal intimidation shall be punished ... alleged offence is non-cognizable as per the
Code of Criminal Procedure , 1973. Therefore, the Police have no
authority to investigate the crime
case, has no legal basis. Sub-section (2) of Section 155
Code of Criminal Procedure which provides for
investigation of a non-cognizable case ... Section 155 . Not only a
police officer or a complainant can approach the
Magistrate under Section 155(2) Code of Criminal
Procedure but also