petitioner which stated that there were reports with regard to non-cognizable cases being NCR No.111/2012 and NCR No.114/2018 and therefore ... least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable."
Learned counsel
OFFENCES AGAINST OTHER LAWS”
Offence Cognizable or non- Bailable or non- By what Court
cognizable bailable triable
If punishable with Cognizable Non-Bailable Court ... does not clarify regarding cognizable
and non-cognizable offences. However, the definition of
the cognizable and non-cognizable offence under Sections
Bailable or By what
noncognizable non court triable
cognizable
If punishable Cognizable Nonbailable Court of
with death, Session
imprisonment
for life, or
imprisonment ... Nonbailable Magistrate of
with the first class
imprisonment
for 3 years
and upwards
but not more
than 7 years.
If punishable Noncognizable Bailable
fact that Section
78(3) of the Act being a non-cognizable offence, permission was
sought from the hands of the learned Magistrate ... least one is cognizable, the
case shall be deemed to be a cognizable case,
notwithstanding that the other offences are non-
cognizable."
9. Therefore
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
filed only under Sections 323 , 504 IPC, which are offences of non-cognizable nature, the case would be covered by the explanation to Section ... cognizable offence is alleged or where it is doubtful as to whether it relates to a cognizable or a non-cognizable offence, and the investigation
least one is cognizable, the case shall be deemed to be a cognizable case,
notwithstanding that the other offences are non-cognizable. He also refers ... cognizable offence is alleged or disclosed or where it is
doubtful if it relates to commission of a cognizable
offence or a non-cognizable offence
accused No.1 & 2 herein. All the aforesaid offences were
non-cognizable. As per Section 155 of Cr.P.C., no police officer shall ... investigate the non-cognizable offences without the order of Magistrate.
Dr.GRR,J
2 crlrc_944_2014
In the above case, all the offence were
least one is cognizable, the case shall be deemed to be a
cognizable case, notwithstanding that the other offences are
non-cognizable ... cognizable offences only and omit the
non-cognizable offences. Since the whole case (comprising of
cognizable and non-cognizable offences) is to be treated
inherently improbable. He would submit that the
offences alleged are non-cognizable and for a non-cognizable
offence permission of the learned Magistrate under ... least one is cognizable, the case shall be
deemed to be a cognizable case, notwithstanding that
the other offences are non-cognizable."
9. Therefore
