FIR is filed under section 505 (c) and 506 IPC. 505 (c) is non cognizable and 506 IPC is Cognizable in Pondicherry. The police have investigated and laid chare sheet in the court for both sections. Perusal of FIR and other documents there is no prima facie available for 506 IPC. (Note: My observation is that The Police might have added 506 IPC in the FIR without prima facie to overcome the bar over 155 (2) CrPC).
Whether this case will be squarely covered by illustration No. (4), laid down by the Supreme Court in Bajan Lal's case, (supra), which reads as under:
(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.
Please provide any specific citation for this case.
