#non-cognizable offence

The Jammu & Kashmir High Court ruled that a judicial magistrate cannot compel the police to register an FIR under Section 156(3) when the complaint concerns only a non-cognizable offence such as an IPC 323 assault. The magistrate must instead proceed under Section 155(2) or treat the matter as a private complaint, curbing undue investigative authority.

Allahabad HC quashed criminal proceedings under Sections 323, 504 IPC for non-cognizable offences after finding the magistrate erred by treating a police report as a state case. The court emphasized that cognizance of non-cognizable offences must comply with Section 2(d) CrPC, mandating a complaint-based process.

Allahabad High Court rules that charge sheets filed for non-cognizable offences under the Bharatiya Nyaya Sanhita (BNS) must be processed as complaints under BNSS Section 2(1)(h), not as police cases. The court set aside the improper cognizance, emphasizing that Investigating Officers cannot proceed as complainants without adhering to complaint case procedures, impacting how non-cognizable offences are adjudicated.

Punjab and Haryana High Court quashes criminal proceedings for framing charges under Section 15 of the Indian Medical Council Act, holding that cognizance requires a complaint, not an FIR.