Non-cognizable offence investigation requires Magistrate's order; unauthorised prosecution based on such inquiry is unsustainable.

Where allegations disclose only a non-cognizable offence, police investigation cannot proceed without a Magistrate's order under Section 155(2) of the Code of Criminal Procedure, 1973. The allegations were held to make out Section 287 of the Indian Penal Code, 1860, not Section 338, so the investigation undertaken without prior permission was unauthorised. Proceedings founded on that investigation were therefore legally unsustainable and liable to be quashed as an abuse of process.

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Issues: Whether criminal proceedings could be quashed where the case was initially registered as a cognizable offence but the offence actually disclosed was non-cognizable and no permission under Section 155(2) of the Code of Criminal Procedure, 1973 had been obtained for investigation.

Analysis: The allegations were found to disclose an offence under Section 287 of the Indian Penal Code, 1860, which is non-cognizable, rather than Section 338 of the Indian Penal Code, 1860. Once the offence actually made out was non-cognizable, the police could not have investigated it without prior order of the Magistrate under Section 155(2) of the Code of Criminal Procedure, 1973. The continuation of proceedings based on such investigation would therefore be legally unsustainable.

Conclusion: The proceedings were liable to be quashed as the investigation was undertaken without the requisite Magistrate's permission in respect of a non-cognizable offence.

Final Conclusion: The criminal proceedings were set aside as an abuse of the process of court.

Ratio Decidendi: Where the offence actually disclosed is non-cognizable, investigation cannot proceed without an order under Section 155(2) of the Code of Criminal Procedure, 1973, and any prosecution founded on such unauthorised investigation is liable to be quashed.

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