RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court

Justice Sunder Mohan held that since the punishment prescribed for the offence is imprisonment for a period of six months, as per Schedule II of the Criminal Procedure Code, it would be a non cognizable offence.

"This Court finds that Section 127(A)(4) is a non cognizable offence, as per Schedule II appended to the Code of Criminal Procedure, since the punishment prescribed for the said offence is six months. Hence the Police have no jurisdiction to investigate the said offence unless the procedure prescribed under Section 155 of the Code of Criminal Procedure had been followed," the court observed.

The petitioner, Abubakkar Shithik had moved the plea to quash an FIR filed against him for the offence under Representation of Peoples Act. It was alleged that he had affixed notices on the walls of the houses on two streets in Chennai, which was allegedly in violation the order of the Election Commission.

Shithik contended that the final report is liable to be quashed on the ground that the police had no jurisdiction to investigate and file final report as the offence was non cognizable. The Government Advocate (criminal side) also submitted that the offence was non cognizable.

Thus, considering the legal position, the court was inclined to quash the Final report and thus allowed the petition.

Case Title: Abubakkar Shithik v State and another

Citation: 2023 LiveLaw (Mad) 162

Counsel for Petitioner: Mr.I.Abdul Basith

Counsel for Respondent: Mr.S.Balaji, Govt. Advocate (Crl. Side), for R1.