COGNIZABLE AND NON COGNIZABLE OFFENCE, PART 3

Important Judgements relating to Cognizable and Non-Cognizable Offences

1. Lalita Kumari Vs State Of U.P, Air
The honourable Supreme Court held that under section 154 a police officer is bound to register FIR if the information suggest a cognizable offence , the court went even further to held that expression “Shall’ leaves no discretion to a police officer to hold premolar investigation before registering the FiR. The court also held that stringent action shall be taken against earing officers who had refused to register the FIR. However, the court held arrest and investigation are different concepts section 154 does not give the right to police to arrest the person if fir is registered against him without any evidence, It must be noted that section 154 shall have no application in below offences;

  • Matrimonial disputes/ family disputes
  • Commercial offences
  • Medical negligence cases
  • Corruption cases

Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for the delay.

2. Sakiri Vasu Vs State Of Uttar Pradesh And Others
The Supreme Court observed that if a person has reason to believe that police is not investigating the matter or refusing to register FIR can send the substance of information to superintendent of police under section 154(3). If the aggrieved still is not satisfied with the investigation may file an application before magistrate under section 156(3) the magistrate if satisfied that information discloses a cognizable offence, he may direct the police to register the FIR.

3. Ravishwar Manjhi Vs State Of Jharkhand, Air 2009, SC 1262
It was held that mere information received on the telephone by a police Officer without any identity or description of the accused as well as nature of injuries caused by the victims as well as the name of the culprits may not be treated as FIR

4. Sunil Kumar Vs State Of M.P
In this case petitioners had a grievance that their said representation was not reduced to writing by the police station, The Supreme Court held that the petitioners should have approached superintendent of police before approaching the Court, the court directed that respondents to take cognizance of their matter as soon as possible

How can a lawyer help you in your criminal case?

A lawyer having substantial experience in handling criminal cases can guide you through the court procedure and can help you prepare a solid defense for your case. He can prepare you for cross-examinations and guide you on how to answer prosecution’s questions. A criminal lawyer is an expert in dealing with criminal cases knows how to tackle a particular case owing to his years of experience. Having a good criminal lawyer by your side you can ensure a successful result in your case in the minimum time possible.

What happens if a criminal charge is not dismissed?

Being charged with a crime, whether major or minor, is a serious matter. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defense attorney who can protect your rights and secure the best possible outcome for your case. Thus, it is crucial to have a good criminal lawyer by your side when charged with a crimewho can guide you with the criminal case and can help get the charges dismissed.You can alsoask a lawyer onlinea free legal question using LawRato’s Ask a Free Question service.

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