AIR 1960 ALLAHABAD 509

Allahabad High Court

Hon'ble Judge(s): Basudeva Mukhrhee , J

(A) Criminal P.C. (5 of 1898) , S.155(2)— Investigation by police in non-cognizable case - There must be reasonable grounds for believing that offence has been committed. One of the important considerations which have to be taken into account by a Magistrate before ordering investigation by the police in a non-cognizable offence is to see whether or not there were reasonable grounds for believing that an offence had been committed. Unless the Magistrate was satisfied that reasonable grounds existed for believing that an offence had been committed he would be acting arbitrarily if he ordered an investigation to be made by the police. Permitting the police to investigate into a non-cognizable offence and thereafter to prosecute the accused on a charge-sheet by the police is a serious matter not only for the accused but also for the State, for employing police agencies to do the work for private individuals who under the law are required to seek their own remedy from a Court of law is to unnecessarily waste. public funds and the time of public officers which apparently the law tried to safeguard. (B) Criminal P.C. (5 of 1898) , S.155(2), S.190— Non-cognizable offence - Police without authority investigating into offence - Magisterial cognizance not vitiated - Conviction which follows is not unsustaina....