State of Orissa v. Sharat Chandra Sahu, (1996) 6 SCC 435

State of Orissa v. Sharat Chandra Sahu, (1996) 6 SCC 435

Judge: S. SAGHIR AHMAD

Facts

• A case was filed by a wife against her husband in which she alledged some cognizable and non cognizable offences.

• The HC had quashed the charge pertaining to non cognizable offence and had maintained charge pertaining to cognizable offence.

• This case was an appeal against the decision of the HC.

Issues

• If information given to the police officer relates to commission of both cognizable and non cognizable offences, whether she will investigate the whole case as a cognizable case or the whole case as a non cognizable case or can she only investigate the cognizable part of the case and follow process for investigating non cognizable cases wrt to the non cognizable part of the case?

Sections Involved

• S.155 CrPC

  Information as to non-cognizable cases and investigation of such cases.-

  (1) 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.

  (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

  (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.

  (4) 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.

• S.174 BNSS

  Information as to non￾cognizable cases and investigation of such cases.

  (1) 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 by rules prescribe in this behalf, and,—

  (i) refer the informant to the Magistrate;

  (ii) forward the daily diary report of all such cases fortnightly to the Magistrate.

  (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

  (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.

  (4) 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.

Observations of the Court and Decision

• Court Observed that S.155(4), CrPC creates a legal fiction (an assertion that is accepted as true for legal purposes, even though it may be untrue or unproven) and provides that if a case comprised of several offences (both cognizable and non cognizable), it would not be open to the police to investigate the cognizable offences only and omit the non-cognizable offences.

• Thus, whole case is to be treated as cognizable and police has no option but to investigate the whole of the case and to submit a charge-sheet in respect of all the offences in that case. Non cognizable offences in that case cannot be omitted from being investigated.

• Court also recalled its decision in Pravin Chandra Mody v State of A.P. (AIR 1965 SC 1185) where it was held that while investigating a cognizable offence and presenting a charge-sheet for it, the police are not debarred from investigating any non-cognizable offence arising out of the same facts and including them in the charge-sheet.