whether prior sanction of a
Magistrate under Section 155 of the J&K Criminal Procedure Code is
mandatory for investigating cognizable offences along with ... does not have in Section 155
a provision comparable to sub-section (4) of Section 155 of the Cr.P.C.,
1973, has reached
dismissing Criminal Petition No.101420/2020 filed by the
Appellant under Section 482 of the Code of Criminal Procedure
(hereinafter referred to as “the ... accordance with the
procedure specified in the Code of Criminal Procedure , 1973 (2 of
1974) for trial before a Court of Session.”
19. Mr. Kamat
police station may
exercise, and is subject to under the Code of
Criminal Procedure , 1898 (5 of 1898), when
investigating a cognizable case:
Provided that ... accordance with the provisions of the Code of
Criminal Procedure and the relevant provision
thereof is Section 155 which deals with information
Section 186 of the
IPC as required under Section 195 (1) of the CrPC read with Section 155
of the CrPC ... IPC later, and the CJM, Varanasi, took cognizance of
the offence of Section 186 of the IPC along with Section 353 of the IPC
when
Prasad v. State of West Bengal , 2017(2) R.C.R.
21
(Criminal) 237 (Calcutta) (DB), it was held that
the complainant himself acting ... contradicting and
corroborating, the previous information
recorded under Ss. 154 or 155 Cr.P.C . and
previous statement of the witness, being a
police officer
that you will kindly permit me to
investigate the case under section 155
Cr.P.C." That is to say, that the Additional
District ... arrest
having regard to the provisions of s. 155(3)
of the Code of Criminal Procedure. In order
to facilitate his investigation it was
necessary
Police Station at 9.20 p.m. In accordance with
Section 155 Cr.P.C. the contents of the FIR were also entered
that
you will kindly permit me to investigate the
case under section 155 Cr.P.C." That is to say,
that the Additional District ... arrest
having regard to the provisions of s. 155(3) of
the Code of Criminal Procedure. In order to
facilitate his investigation it was necessary
procedure established by law and there cannot be an
investigation outside the purview of Section 154 or 155 of the Cr.P.C .
Reference ... Section 161 of the Cr.P.C.,
Section 41A of the Cr.P.C., lack of magisterial permission under
Section 155 of the
155(2) of the Code.
However, this Court finds that the Legislative Assembly
of the State of Andhra Pradesh enacted the Code of Criminal
Procedure ... Section 155 and that is
the intention of legislation which is manifested in Section
155(4) of the Code of Criminal Procedure. Therefore, the
argument
