1989 (8) TMI 372 - HC - Indian Laws

Summary

Issues:
1. Quashing of criminal proceedings under Section 482 of the Code of Criminal Procedure.
2. Interpretation of the offense under Section 287 Indian Penal Code.
3. Requirement of permission for investigation under Section 155(2) of the Code of Criminal Procedure for non-cognizable offenses.
4. Abuse of process of the court in continuation of criminal proceedings without proper permission.

Analysis:
The judgment pertains to a petition filed under Section 482 of the Code of Criminal Procedure seeking the quashing of criminal proceedings against the petitioner related to an incident at the petitioner's factory. The petitioner was accused of not putting a safety guard on a power press, which resulted in grievous hurt to an employee. The initial charge was under Section 338 of the Indian Penal Code, but the Magistrate opined that the offense actually fell under Section 287 IPC, a non-cognizable offense. The defense argued that since the offense was non-cognizable, police investigation without permission under Section 155(2) of the Code of Criminal Procedure was improper, citing relevant case laws.

The judge considered the arguments presented and reviewed the circumstances. Referring to precedents, it was highlighted that for non-cognizable offenses, police require permission from a Magistrate for investigation. Even though the case was initially registered under a cognizable offense, the actual offense falling under a non-cognizable category necessitated proper authorization for investigation. The judge noted the absence of a revision by the State against the Magistrate's ruling that the offense was under Section 287 IPC, indicating a procedural lapse in investigating a non-cognizable offense without the requisite permission.

Consequently, the judge concluded that the continuation of criminal proceedings without the mandated permission for a non-cognizable offense would constitute an abuse of the court's process. Therefore, the judge exercised the powers under Section 482 and quashed the proceedings against the petitioner related to the FIR, emphasizing the importance of adhering to the procedural requirements for investigating non-cognizable offenses to prevent misuse of the legal process.