cognizable and non cognizable offences

manish jeswani (Querist) 31 August 2012 This query is : Resolved
Hello experts
My client was charge sheeted for offence under sections 294 and 506 of penal code. Honourable court discharged him for offence under section 294 and framed charge under section 506. I raised objection that section 506 being non cognizable permission to investigate was required and accused solid also have been discharged from 506 also. The court it's of opinion that police can also investigate non cognizable offences along with cognizable offences and it is after taking cognizance the court found that prima facie offence under section 294 was not made out and hence permission for investigating offence under 506 does not arise at all.
1 my first query to experts is whether there is any citation that if cognizable offence it's not made out and only non cognizable offence is made puout in such circulant also y the permission is required and court can not take cognizance.
2 Whether the provisions under section will not be held nugatory if police in garb of investigating registers cognizable case even though on the facts of the case no cognizable offence it's made out.
3 why shouldn't in such cases the entire investigation should be held illegal.
Please guide me along with citations preferably of Bombay or supreme court

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PARTHA P BORBORA (Expert) 05 September 2012
you should go thraugh Sec 460 of Sub Sec (e) of the Code of Criminal Procedure. You will find ur answer buddy. It is is about irregular proceedings. In my opinion the magistrate has not made any mistake in the light of Sec 460 Cr.P.C.

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