Writ Petition (Cr) N0.136212010 Petitioner — Satish Goyal has filed this petition for the following reliefs : “10.1 The Hon’bie Court be pleased to issue a writ of mandamus or appropriate direction 'to the Respondents No.1, 3, 4 & 5 for > investigation and arrest of Respondent» No.2 in the crime No.439/2009 registered at PS Chakradhar Nagar for offence Uls 506 R/w Sec. 171 F of IPC. Any other relief, whatsoever this Hon’ble I Court may deem fit and proper may also be > granted to the petitioner.” 10.2 The petitioner, thus, in substance is praying for a s direction to the respondent authorities‘for investigation and arrest of respondent No.2 in Crime No.439l2009. Mr. Prashant Jaiswal, learned Senior Advocate ' appearing on behalf of the petitioner submits that even after ‘ registration of the ’First Information Report vide Crime No.439/2009 under Sections 506 and 171 F IPC, the Ofncer in charge of the concerned Police Station is not making any further investigation, therefore, the petitioner had to me this writ petition for the instant reliefs. A copy of the First information Report has beenfrled as Annexure P/4. As per contents ofthe First information Report, Crime No.439/2009 has been registered under Sections 506 and 171 F of IPC~.-’?-he offences’punishabie under Sections 506 and 171 F of IPC are the non-cognizableoffences. Sectian 155 of the Code of Criminal Procedure deals .with regard to non-cognizable cases and investigation of such cases. Sub-section (1) of Section 155 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- ‘ / " cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. Sub- section (2) provides that no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to trysuch case or commit the case for triat. Sub- section (3) further provides that any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case: Further; sub-section (4) provides that where a case relates to 2 or more offences of which atleast one is cognizable, the case shall be deemed to be a cognizabie case, notwithstanding that the other offences are non- cognizable. Admittedly, in the present case, both the offences are non-cognizable- offences. Therefore, in view of the provisions ”contained in sub-section (2) of Section 155 of the Code of Criminal Procedure, unless there is an order of the Magistrate, t the investigation can not be conducted. For the forgoing reasons, l do not find any substance in the petition,rtherefore, the petition is liable to be dismissed and is hereby dismissed summarily. However, the petitioner would be at liberty to avail r appropriate provisions available to him in accordance with law. ~ shyna