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
Disclaimer:
Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.
I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.
Read more gyan here.
Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.
Om Shanthi !!!
Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at
AnaghaLegalReliefs.in !!! (work-in-progress)
We are on social media too.
Just google for: Anagha Legal Reliefs
