Customs Act against the second petitioner was contrary to Section 155 Cr. PC and
therefore, unsustainable in law. In the second, a declaration that ... contentions raised in WP (Cr) 219/2011 inter alia,
relating to non compliance of the provisions of Section 155 Cr. PC before
any other appropriate
Section 78(3) of the KP Act is a cognizable or non
59
cognizable offence in order to attract Section 155 (2) of
Cr.PC ... without permission under
section 155(2) of the Code. The definition clause under
Section 2(c) and 2(e) of Cr.PC
Section 154 Cr PC,
forwarding a report to the Magistrate as mandated by Section 157 Cr PC,
maintaining a case diary as mandated by Section ... mandated by Section 167 Cr PC has to be followed. If the offence is non-
cognizable the procedure under Sections 155
obtain aa order of the Magistrate Under Section 155 , Cr.PC This he did by the application Ex. 13. But when that application was made ... apply by analogy the provisions of Section 156(2) , Cr.PC and cut down the scope of Section 155 , Cr.PC To do so would
petition Under Section 561-A Cr. P. C In fact, the present petition should have been Under Section 482 Cr.PC as it was filed ... Cr. P. C. However, I have treated this petition as one Under Section 482 Cr.PC As regards Section 155(2) Cr.PC the police
offence under Section 272 / 273 of the
IPC; the procedure as mandated under Section 155 of the Cr.PC
i.e. prior permission not having ... empowered to do so under Section 190
(1) (a) of the Cr.PC.
16. Sub-clause (4) of Section 155 of the Cr.PC inter
cognizable' case.
7. The provision under sub section (2) of Section
155 of Cr.PC for asking the permission of the Court to
investigate ... State Public Prosecutor
drawn my attention to sub Section (2) of Sec.155 of
Cr.PC and submit that even after investigation if the
Police
The Code Of Criminal Procedure ,1898-Vol 1
LAW COMMISSION
OF INDIA I
FORTY-FIRST
accused
Mahesh. He took permission from the Court under section 155
Cr. PC to register the case and thereafter, prepared tehrir. On
21.07.2005 Rakesh produced ... whom he had named as a
co-conspirator in his statement under section 161 Cr. PC. He has
stated that he did not collect
same is registered without any direction of
the magistrate under section 155 Cr PC. He has further contended that therefore, the
investigation conducted ... from an investigation is provided in Section 190 Cr PC as
the is provided in Section 190 Cr PC as the material on which cognizance
