IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8142 of 2009 KAUSHAL KUMAR SINGH @ KAUSHAL KISHORE SINGH, SON OF SIPAHI SINGH, RESIDENT OF VILLAGE – KOSIAR, POLICE STATION – CHAURI (SAHAR), DISTRICT – BHOJPUR. ................... Petitioner. Versus 1. THE STATE OF BIHAR 2. SHAILENDRA KUMAR BHARTI, BLOCK DEVELOPMENT OFFICER, SAHAR, POLICE STATION – SAHAR, DISTRICT – BHOJPUR. ............... Opp. Parties. ----------- For the Petitioner :- Mr. Baxi S. R. P. Singh, Sr. Advocate. Mr. Rahul Nath, Advocate. For the State :- Mr. Damodar Prasad Tiwary. 03/ 05.01.2011 Heard. This is a petition for quashing the First Information Report lodged in one Chauri (Sahar) P.S. Case No. 14 of 2009 dated 29.01.2009 for offence under Section 177 and 181 of the Indian Penal Code on the written report of the Block Development officer, Sahar under the district of Bhojpur. It is alleged that the Mukhiya has concealed some facts in his affidavit. Learned counsel for the petitioner submits that FIR has been lodged for the allegation under Section 177 and 181 of the Indian Penal Code is about the concealing of the fact or giving a false statement on oath or affirmation but both the sections are non-cognizable 2 offence and hence contend that Section 155 (2) of the Cr.P.C specifically bars lodging of the First Information Report and investigation of the case by the police of a non- cognizable offence, unless the Magistrate having power to try such cases or commit the case for trial give specific order for investigation of those cases. However, having regard to the fact that the case of Chauri (Sahar) P.S. Case No. 14 of 2009 has been lodged on the written report filed by the Block Development Officer directly to the Police Officer for offence under Section 177 and 181 of the Indian Penal Code. However, Section 154 of the Cr.P.C gives power to the police to lodge the First Information Report with regard to a cognizable offence and further Section 156 provides the Police Officer the power to investigate a cognizable offence. However, Section 155 (I) of the Cr.P.C provides that when information is given to an Officer-In-Charge of a police station of the commission within the limits of such station of a non-cognizance offence, he shall enter or cause to be entered the substance of information in a book to be kept by such officer in such 3 form as the State Government may prescribe in this behalf, and refer, the information to the Magistrate and Section 155 (2) of the Cr.P.C provides that no Police Officer shall investigate a non-cognizable case without the order of the Magistrate having power to try such case or to commit the case for trial. Hence, conjoint reading of Section 154 and 155 (2) of the Cr.P.C it is apparent that the police officer is neither authorized to lodge an FIR with regard to non- cognizable offence nor empowered to investigate the same without the order of a Magistrate empowered to try the case or commit the case. Hence, the BDO neither having empowered to try these cases nor to commit the case, hence information given for non-cognizable offence is neither required to be registered nor investigated by the police officer. Hence, having regard to the provisions under Section 154 and 155 of the Cr.P.C, a Police Officer is neither required to lodge the First Information Report nor required to investigate the case with regard to a non- cognizable offence and hence the lodging of the case or lodging of the FIR and investigating the case is beyond the 4 jurisdiction and hence the First Information Report is not sustainable in law. However, it is pertinent to mention that as it appears that proper procedure to file case for offence under Section 172 to 182 of the Indian Penal Code is provided under Section 195 read with Section 340 of the Cr.P.C. As envisaged under Section 154 of the Cr.P.C police officer under Section 155(1) was required to refer the information of non-cognizable offence to the Magistrate. However, no such procedure having been adopted rather lodging the First Information Report on the basis of the written report with regard to non-cognizable offence under Section 172 to 182 of the Indian Penal Code by the Block Development Officer in the facts and circumstances of the case is not permissible and hence the First Information Report and investigation of the case is hereby set aside and the petition is allowed. Kundan (Gopal Prasad, J.)