THE Nagpur Bench of the Bombay High Court has held that the action of Gittikhadan police in Nagpur City in conducting an inquiry into a non-cognisable offence without Magistrate’s permission was in violation of the directions issued by the Director General of Police (DGP), if such directions had been issued. The Court observed, “The action taken by the respondent-sole in the present case is also in violation of such directions, if issued by the DGP.” It accordingly quashed the notice issued by Gittikhadan Police. The Division Bench comprising Justice Urmila Joshi-Phalke and Justice Raj D Wakode held that the police action was in clear violation of Section 174(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

 

The Court was hearing a petition filed by Ganesh Kakde, who challenged a notice issued by a Police SubInspector on September 18. His lawyer A N Rangari argued that the offences against Kakde were non-cognisable. Under Section 174(2) of the BNSS, police cannot investigate such an offence without an order from the jurisdictional Magistrate The High Court asked the State whether the police had obtained such permission before conducting the inquiry. The APP H N Jaipurkar, after taking instructions from the Investigating Officer, informed the Court that no such order had been obtained. The Bench said the inquiry conducted by the police was therefore in violation of the statutory provision as well as an earlier judgment of the High Court.

 

The Court also referred to the earlier judgment, which directed the Director General of Police to issue clear guidelines requiring police to approach the jurisdictional Magistrate in appropriate cases before investigating non-cognizable offences. The HC accordingly quashed and set aside the September 18 notice. The Court clarified that police are free to approach the jurisdictional Magistrate and seek permission under Section 174(2) of the BNSS, if they so wish.