1) By this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), the applicants-original accused No.1 and 2 seek quashing of the first information report registered with Bardoli Police Station vide C.R.NO.I-
41 of 2010 for the offences punishable under sections 193 and 196 read with section 114 of the Indian Penal Code.
2) The respondent No.2-Circle Officer lodged the above referred first information report against the applicants herein alleging that the applicants herein had given false evidence in proceedings before the Revenue Authority, thereby committing the offence punishable under sections 193 and 196 of the Indian Penal Code.
3) Mr. Rushabh Shah, learned advocate for the applicants invited the attention of the Court to the fact that both the offence under Sections 193 and 196 of the Indian Penal Code are non-cognizable offences and, as such, in the light of the provisions of sub- section (2) of section 155 of the Code, the police officer has no jurisdiction to investigate into the same without the order of a Magistrate, having power to try such case or commit the case for trial. It was submitted that in the present case, the police have directly registered a first information report without there being any such order of the Magistrate under sub-section (2) of section 155 of the Code. It was submitted that under the circumstances, the first information report stands vitiated as it was not permissible for the police to register the same and to investigate into such offences.
4) Mr. K. P. Raval, learned Additional Public Prosecutor, appearing on behalf of the respondents has opposed the case. He, however, is not in a position to dispute that the offences alleged are non-cognizable offences.
5) Section 155 of the Code, makes provision for “Information as to non-cognizable cases and investigation of such cases”. Subsection (1) thereof lays down that when information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. Sub-section (2) thereof provides that no police officer shall investigate a non-cognizable case without the order of a Magistrate, having power to try such case or commit the same for trial. In the facts of the present case, undisputedly sections 193 and 196 of the Indian Penal Code are non-cognizable offences. A first information report is registered under section 154 of the Code, which makes provision for “Information in cognizable cases”. From the heading of the section itself, it is clear that an F.I.R can be registered only in respect of cognizable offences. Under the circumstances, the officer in charge of the concerned police could not have registered an F.I.R relating to non-cognizable offences. Moreover, even if information regarding commission of a non-cognizable case was given to the officer in charge, he was required to comply with the provisions of sub-section (1) of section 155 of the Code and after entering the substance of the information in the book kept in this regard, refer the information to the Magistrate. Without an order of the Magistrate, the police officer was not empowered to investigate the case. Under the circumstances, the first information report cannot be sustained.
6) For the foregoing reasons, the application succeeds and is, accordingly, allowed. The first information report registered vide Bardoli Police Station vide C.R. No.I-41 of 2010, is hereby quashed and set aside. Rule is made absolute accordingly.
(HARSHA DEVANI,J.) Vahid