Nagpur: Police Department is not following orders of Nagpur bench of Bombay High Court and compelling complainants to go to Magistrate and bring order for further investigation in Non-cognizable cases instead of getting orders from Magistrate and conducting investigation. It has come to fore from an order passed in a Criminal Writ Petition.
Hearing Criminal Writ Petition No- 544 of 2024, Judges Vibha Kankanwadi and Vrushali Joshi observed Cyber Police Station did not sought permission under Section 155 (2) of CrPC from Magistrate and conduct investigation. Judges directed Cyber Police Station and Sonegaon Police Station to file an affidavit-in-reply within two weeks. This order was passed on 18-07-2024. Advocates Virat Mishra, Ayush Sharma and Gauravi Mishra represented petitioner in this case.
Police Department asks complainant to approach Magistrate under Section 156 (3) of CrPC and bring orders for further investigation citing Non-cognizable case. Actually, it is the responsibility of Police Department to seek permission from Magistrate and conduct further investigation if Investigation Officer considers it as Non-cognizable case.
It had come to fore for the first time in a judgment passed by Nagpur bench of Bombay High Court on 22-12-2023. Hearing Criminal Writ Petition No- 660 of 2022, Judge Anil Pansare directed Director General of Police to issue circular asking investigating agency to seek permission of jurisdictional Magistrate under section 155 (2) of CrPC to investigate Non-cognizable offence. HC also said investigating officer should be mindful of the fact that even the Non-cognizable offences are punishable and he/she is duty-bound to investigate such offences in appropriate cases and ensure that the investigation reaches logical end.
Unfortunately, Police Department is not following the order.
In Criminal Writ Petition No- 544 of 2024, petitioner had lodged complaint with Sonegaon Police Station on 07-11-2023 against unidentified persons for creating two fake email IDs and sending emails to over 300 persons leveling wrong allegations against him. Complainant also informed that one of the two accused committed crime by introducing himself as employee of same company where Complainant is doing job.
Sonegaon Police Station found out persons who committed the crime and transferred case to Cyber Police Station.
Unfortunately, Cyber Police Station registered NCR on 15-05-2024 and not gone to Magistrate seeking permission to investigate further in the case as per orders of HC.
