2019 (3) ABR(Cri) 432 ::AIROnline 2018 Bom 1410

Bombay High Court

Hon'ble Judge(s): K. L. Wadane , J

Criminal P.C. (2 of 1974) , S.204— Penal Code (45 of 1860) , S.323, S.504, S.506— Order of issuance of process in complaint alleging offences u/Ss. 323, 504, 506 IPC set aside by Bombay High Court on ground that all these offences are non-cognizable and bailable and hence Magistrate is not empowered to take cognizance of these offences. (Para 4 5) Looking to the provisions of section 323, 504, 506 of the Indian Penal Code, offence punishable under section 323 is punishable for imprisonment for one year or a fine of Rs. 1000/ or both, classified as non cognizable, bailable and triable by Magistrate. Offence punishable under section 504 of I.P.C. is punishable up to two years, classified as non cognizable, bailable and triable by Magistrate and same is the situation for the offence for criminal intimidation, punishable under section 506 of I.P.C. In view of above, the Magistrate is not empowered to take cognizance since all the offences levelled against the applicants are non cognizable. .....