Sec 155(2) cr.p.c.
Arvind Singh Chauhan
(Querist) 02 December 2011
This query is : Resolved
Police registered the complaint as NCR. Complainant prayed to court, for order to investigation by police.
Court says only concern police can seek permission to investigate the matter. Complainant has no right to pray for such order to investigate.
Whether court is right Plz suggest any case law if any.
M/s. Y-not legal services
(Expert) 02 December 2011
yes., if there prima facie is made out mean police will register the f.i.r. then they will start their investigation.,
no need for specific request by the complainant.,
if there is long pending mean complainant can pray before court for speed up the investigation, or change of investigation.,
Advocate M.Bhadra
(Expert) 02 December 2011
Sec.155 Cr.P.C. provides that the information as to non-cognizable cases and and investigation of such cases.Sec.155(2) Cr.P.C. provides that no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case.
Shonee Kapoor
(Expert) 03 December 2011
agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arvind Singh Chauhan
(Querist) 03 December 2011
SIR What would be if police is bias and does not seek permission. Whether 155(2) is totally based on the mercy of police.
If we read 155(2) complaint is not debarred. Plz correct me.
K S GOSWAMI, Advocate
(Expert) 03 December 2011
Magistrate having jurisdiction has power to take up investigation by the Police suo-moto and on the request of the Police itself and also of the complainant.
Devajyoti Barman
(Expert) 06 December 2011
The permission of the court is necessary.
bhupender sharma
(Expert) 09 December 2011
The section doesnot enshrined with the words used by the ld. Magistrate it is not so prescribed in the section. Find out some law on the issue.
