Investigation Into Non-Cognizable Offences Without Magistrate’s Permission Can’t Be Regularised By Subsequently Adding Cognizable Offences: J&K High Court
Case: Nikunj Sharma Vs State of J&K and another
Coram: Justice Sanjay Dhar
Case No.: CRMC No. 181/2018 (O&M)
Court Observation: “In these circumstances, I fail to understand on what basis the Investigating Agency has in its status report concluded that offence under section 498-A RPC is also made out against the accused”
“The FIR was registered on 29.03.2018 and the instant petition has been filed on 17.04.2018 i.e. within one month of lodging of the FIR. In such a situation, the illegality committed by the Investigating Agency in registering and undertaking the investigation cannot be brushed aside and if the same is quashed, no prejudice would be caused to respondent No. 2/complainant, who has the option of filing a private complaint under Section 200 of Cr.P.C. against the petitioner and co-accused”
“For the foregoing discussions, the petition is allowed and the impugned FIR is quashed. However, respondent No. 2 is at liberty to take resort to appropriate remedy as may be available to her under law”
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Keywords
Investigation Into Non-Cognizable Offences
