Supreme Court Digest of Recent Cases
(2006) 6 SCC 728

Criminal Procedure Code, 1973

— S. 196(1-A) — Bar under, against taking cognizance of offences enumerated therein except with prior sanction of Central Govt. or State Govt. or District Magistrate — Applicability — Held, the said bar is against taking of cognizance by court and not against registration of criminal case or investigation by police or submission of police report under S. 173 CrPC on completion of investigation — If the said acts are done without prior sanction of Central Govt. or State Govt. or District Magistrate, there will be no violation of S. 196(1-A) — FIR lodged under S. 153-B IPC against respondent — Respondent produced before Magistrate — Magistrate remanding respondent to judicial custody — Held, order of remand did not amount to taking cognizance of the offence — High Court erred in taking a contrary view in this regard — Thus, in such circumstances, S. 196(1-A) had no application — Quashing of proceedings by High Court due to absence of prior sanction under S. 196(1-A), held, not justified, (2006) 6 SCC 728-A

Criminal Procedure Code, 1973

— Ss. 190, 193 and 195 to 199 & 204 — Word ``cognizance'' — Meaning of — Explained — Distinguished from ``issuance of process'' — Order remanding accused to judicial custody does not amount to taking cognizance of the offence, (2006) 6 SCC 728-B

Criminal Procedure Code, 1973

— Ss. 482, 156 & 173 — Power under S. 482 — When can be exercised, restated — Interference under S. 482 with statutory power of police to investigate in cognizable offence, held, not permissible — Hence, where investigation in matter still under progress and no police report under S. 173 CrPC submitted to Magistrate concerned, quashing of entire proceedings by High Court under S. 482, held, was not justified, (2006) 6 SCC 728-C



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