Hon’ble Supreme Court in this judgment held that,
From Paras 10, 11
10. Sub-section (4) of this Section clearly provides that where the case relates to two offences of which one is cognizable, the case shall be deemed to be a cognizable case notwithstanding that the other offence or offences are non-cognizable.
11. Sub-section (4) creates a legal fiction and provides that although a case may comprise of several offences of which some are cognizable and others are not, it would not be open to the police to investigate the cognizable offences only and omit the non-cognizable offences. Since the whole case (comprising of cognizable and non-cognizable offences) is to be treated a cognizable, the police had no option but to investigate the whole of the case and to submit a chargesheet in respect of all the offences, cognizable or noncognizable both, provided it is found by the police during investigation that the offences appear, prima facie, to have been committed.
State Of Orissa Vs Sharat Chandra Sahu & Anr on 8 October, 1996
Shades of Knife
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