THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.7088 OF 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., seeking quashing of further proceedings against the petitioner-accused in C.C.No.518 of 2008 on the file of the learned I Additional Chief Metropolitan Magistrate, Hyderabad. 2. Heard both sides. Perused the record. 3. 2nd respondent herein gave a complaint to the police, which was registered as F.I.R.No.567 of 2007 for the offence under Section 506 IPC and after investigation, police filed charge sheet against the accused for the said offence and the same was taken cognizance in C.C.No.518 of 2008 on the file of the learned I Additional Chief Metropolitan Magistrate, Hyderabad. The only allegation made in the complaint is that on 18.08.2007, at about 7.00 p.m., the accused went to the L.I.C. office and threatened the complainant and abused her in filthy language. 4. The offence under Section 506 IPC is non cognizable. Admittedly, no permission was obtained from the concerned Magistrate before investigating into the said offence. 5. Section 155 (1) Cr.P.C. states that where information is given to an officer-in-charge of a police station of the commission of a non-cognizable offence, he shall enter the substance of the information in the prescribed register and refer, the informant to the Magistrate. 6. Sub-Section 2 of Section 155 Cr.P.C. mandates that no police officer shall investigate a non-cognizable offence, without the order of a Magistrate. It is only after seeking such order, the police officer may exercise the same powers in respect of investigation as he may exercise in a cognizable case. 7. Admittedly, in the present case no order of the concerned Magistrate is obtained by the police before taking up investigation. The investigation and the charge sheet filed in pursuance thereof are wholly vitiated in view of the bar contained in Section 155 (2) Cr.P.C. The further proceedings in C.C.No.518 of 2008 on the file of the learned I Additional Chief Metropolitan Magistrate, Hyderabad based on such charge sheet, are therefore unsustainable and continuance thereof will be an abuse of process of law. It is therefore considered a fit case where inherent powers of the Court can be invoked under Section 482 Cr.P.C. to quash further proceedings in C.C.No.518 of 2008 and they are accordingly quashed. 8. In the result, Criminal Petition is allowed. _______________________ G.V.SEETHAPATHY, J 08th December, 2011. Tsy