Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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made by the applicant in consonance with Section 2 (d) of Cr.P.C, which states that a report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint.
Court's observations
The Court observed that the offence under Section 323, 504 IPC are undisputedly non-cognizable offence and though the first Schedule appended to the CrPC mentions the offence under Section 506 is also a non-cognizable offence, however, vide a 1989 notification, the Uttar Pradesh Government has made the said offence a cognizable one.
The Court further noted that section 10 of the Criminal Law Amendment Act, 1932 authorises the State Government to make certain non-cognizable offences, cognizable and non-bailable, by issuing a notification.
Here it may be noted that as per Section 155 (4) of CrPC, where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
In view of this, finding no illegality in the charge sheet under Sections 323, 504, 506 IPC and the order passed by the Additional Chief Judicial Magistrate Raebareli taking cognizance of the aforesaid offences.
Case title – Brij Mohan vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2024 SC
