attracts Section 447
of the Companies Act which makes the offence cognizable and
non-bailable. Considering the gravity, the Court granted
custody of these accused ... non- bailable offences;
under Sub-Section (3) of Section 69 bail can also be
obtained by persons arrested in connection with non-
cognizable and bailable
arrested and commit him to custody on addition of
graver and non-cognizable offences which may not be necessary
always with order of cancelling ... arrested and commit him to custody on addition of graver and
non-cognizable offences, which may not be necessary always
with order of cancelling
Section 204 of the Indian Penal Code is a non cognizable
offence and for the said reason the FIR is not maintainable.
Section ... competent to receive and record the FIR pertaining to non
cognizable offences unless permission from the Magistrate is
obtained. Since the complaint in question
constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate ... cognizable
offence;
ii) Courts would not thwart any investigation into the
cognizable offences;
iii) It is only in cases where no cognizable offence or offence
other materials, if any, accompanying the FIR do not
disclose a cognizable offence, justifying an investigation by
police officers under Section ... constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate
other materials, if any, accompanying the FIR do
not disclose a cognizable offence, justifying an
investigation by police officers under Section ... constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate
complainant, the
offence, prima facie appeared to be the non-cognizable one.
6.7 Thus, on re-appreciation and reevaluation of the ocular and
the documentary
provisions of section 42 , no person
concerned in a non- cognizable offence or against whom
a complaint has been made or credible information has
been
petitioners under sections 186 of the Indian Penal Code which
is non cognizable offence, bailable and triable by any
Magistrate. Section 195 of the Criminal ... under sections 172 to 188
of the Indian Penal Code are non-cognizable offence and no
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Pravinsinh Jhala vs State Of Gujarat on 5 May, 2022
Author: Nikhil S. Kariel
Bench
