Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court

The Supreme Court has held that prior sanction of the Magistrate is not mandatory for investigating a non-cognizable offence along with a cognizalbe offence.

A bench comprising Justices MR Shah and AS Bopanna held so while dealing with an appeal against a judgment of the Jammu and Kashmir High Court, which quashed an FIR for offences under under the J&K Prevention of Corruption Act and criminal conspiracy under Section 120B of the Ranbir Penal Code. The High Court, among other grounds, had quashed the FIR observing that prior sanction of the Magistrate as per Section 155 of the J&K Code of Criminal Procedure was not obtained for investigating the offence of criminal conspiracy, which was non-cognizable as per the Ranbir Penal Code. The High Court also held the delay in completing preliminary enquiry as a reason to quash the case.

The Supreme Court held that the High Court erred in holding that sanction of Magistrate was required to investigate the non-cognizable offence( in this case Section 120B RPC), as the offences under the PC Act were cognizable.

The Supreme Court noted that the the offence under the Prevention of Corruption Act is a substantive offence. When the investigation in respect of the offence under the PC Act, is coupled with the offence of conspiracy, there is no requirement of prior sanction of the Magistrate.

It was held that the High Court's view was contrary to the decision of the Supreme Court in Pravin Chandra Mody v. State of Andhra Pradesh, 1965 (1) SCR 269, wherein it was held that prior sanction under Section 155 CrPC was not needed when the non-cognizalbe offence is being jointly investigated along with a cognizable offence.