Case BriefsHigh Courts

Patna High Court: Birendra Kumar, J. dismissed a criminal miscellaneous application filed by the petitioner challenging the order of cognizance passed against him under various Sections of IPC and Prevention of Corruption Act, 1988. 

In the instant petition the accused in connection with Vigilance P.S. Case of 2013 registered under Sections  409, 420, 467, 468, 471, 477A and 120B of the Penal Code as well as under Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988. The petitioner, when worked as an Executive Engineer, was alleged to pass false measurement report of Government schemes and uncompleted worked which was marked as completed in the aforementioned reports. It was further alleged that the reports were submitted in collusion with the Assistant Engineer. 

It was averred by the petitioner that allegation made in the FIR on their face value did not disclose a cognizable offence made out against the petitioner and even if any non-cognizable offence is made out, investigation of the same was not permissible, except under order of the Magistrate.

The Court observed that no cognizable offence was disclosed in the FIR against the petitioner though the apparent allegation of embezzlement of public money was there. It was stated that, petitioner was a Government servant having a specific allegation of submission of measurement report which showed completion of the work whereas the work was not completed at all in respect of Government schemes. Hence, prima facie material was there against the petitioner for proceeding with the trial. [Md. Zahoorul Haque v. State Of Bihar, 2019 SCC OnLine Pat 1017, decided on 25-06-2019]

Case BriefsHigh Courts

Karnataka High Court: While deciding a criminal petition filed under Section 482 of CrPC, a Single Judge Bench of Aravind Kumar, J. held that Section 155(2) CrPC clearly discloses that a Police Officer is not entitled to investigate a non-cognizable offence without the order of a Magistrate having power to try such an offence.

Petitioners were arrayed as accused in a criminal case for offences punishable under various sections of the Karnataka Police Act, 1963. The petitioners were seeking to quash the said proceedings against them contending, inter alia, that the same was in violation of Section 155(1) and (2)  CrPC.

Learned counsel for the petitioners contended that if the information relates to a non-cognizable offence than the Investigating Officer has to take permission of the jurisdictional Magistrate before proceeding to investigate the matter; and on account of such defect being large in the instant case, the prosecution launched against the petitioners was liable to be quashed.

The Court perused Section 155 CrPC and held that Section 155(2) CrPC clearly discloses that a Police Officer is not entitled to investigate a non-cognizable offence without the order of a Magistrate having power to try such an offence. However, the Court perused the approval granted by the jurisdictional Magistrate which disclosed that an application under Section 155(2) CrPC was made by the IO concerned seeking permission into the offence alleged against the petitioners. Accordingly, the petition was dismissed holding it to be sans merit. [Syed Shabeer v. State of Karnataka, Criminal Petition No. 2630 of 2017, decided on September 8, 2017]