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Documents citing Ahammed Manaf.E vs Sub Inspector Of Police on 12 November, 2010

Sadiq Ameen vs State Of Kerala on 25 January, 2011

3. The first limb of argument is as to the legality of investigation conducted, final report and cognizance taken for offence under Section 4 of the Act. That argument is based on Section 6 of the Act, Section 155 of the Code of Criminal Procedure (for short, "the Code") and the decision of this Court in Ahammed Manaf v. Sub Inspector of Police (2010 (4) KLT 837). It is not disputed before me that offence under Section 4 of the Act is non- cognizable in which case the procedure under Section 155 of the Code was to Crl.MC No.4237/2010 3 be followed by the Investigating Officer. Under the said provision when information is given to the Police Officer about commission of non-cognizable offence, he shall refer the informant to the Magistrate and on getting order from the Magistrate having power to try such offence shall investigate into such non- cognizable offence. In the present case it is not shown, and going by Annexure- II, report it is seen that it was not a case where, on getting report of enquiry from the Head of Institution respondent No.2 had referred the informant (regarding commission of offence under Section 4 of the Act) to the Magistrate concerned and on getting the order from the Magistrate he investigated the case.
Kerala High Court Cites 7 - Cited by 0 - Full Document

Raseena Jasmin vs Principal on 28 January, 2011

4. Then the question is whether registration of the case, investigation and cognizance taken are legal. Offence punishable under Section 4 of the Act is non-cognizable in nature as revealed from Section 6 of the Act. In such a situation when information is received by the Police Officer as to the commission of a non-cognizable offence the procedure to be followed is prescribed under Section 155 of the Code. Sub-section (1) of Section 155 of the Code says that when information is received by the officer-in-charge of a Police Station regarding commission of the non-cognizable offence within the limits of his Station, he shall enter the information in a book to be kept for the said purpose as prescribed and refer the informant to the Magistrate concerned. Sub-Section (2) of Section 155 says that a Police Officer shall not investigate a non-cognizable offence without the order of a Magistrate having power to try such offence or commit the case for trial. It is not disputed before me that the said procedure has not been followed by the Sub Inspector while registering the case and investigating it . Dealing with the above provision of law a learned Judge of this Court in Ahammed Manaf v. Sub Inspector of Police (supra) has held that offence being non-cognizable the Police is not competent to register a case and initiate investigation without the order of the competent Magistrate.
Kerala High Court Cites 5 - Cited by 0 - T Joseph - Full Document

Susheel Kumar Kodenchery vs Station House Officer on 27 February, 2015

4. The learned counsel for the petitioner on the strength of the decision in reported in Ahammed Manaf v. Sub Inspector of Police (2010(4) KLT 837) submitted that in the present case also, the section of offences alleged against the petitioner are only non cognizable one and therefore no crime would lie and no FIR would lie against the petitioner. The learned Public Prosecutor resisting the contention, submitted that the offences alleged against the petitioner are serious one and therefore let the investigation be completed.
Kerala High Court Cites 13 - Cited by 0 - V K Mohanan - Full Document

Thaznim Al-Mubarak vs State Of Kerala on 14 February, 2011

In the light of the decision in Ahammed Manaf v. Sub Inspector of Police (2010 (4) KLT 837) initiation of proceedings so far as the offence under Section 4 of the Act is illegal, without jurisdiction and hence the final report based on that and cognizance taken cannot stand. But that cannot in any way affect the cognizance taken of the offences under the Code. Those offences, Police had Crl.MC No.153/2011 3 the authority to register a case, investigate and submit final report. Hence learned Magistrate was justified in taking cognizance of offences punishable under the Code.
Kerala High Court Cites 8 - Cited by 0 - T Joseph - Full Document
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