Law:

Section:

(a) Summary trial------   ---Evidence-Register of summary trials showing only "Ditto" entries, purporting to say that evidence in relevant case was same as evidence in case above-Trial, held to be "no trial" and so vitiated-Criminal Procedure Code (V of 1898), S. 263.   (b) Criminal Procedure Code (V of 1898)--------   -----S. 155 (2)-Police officer investigating non-cognizable case (offence of nuisance under S. 290, P. P. C.) without order of competent Magistrate-Pro ceedings in Court on police officer's report-Held, "illegal and without jurisdiction", and so quashed-Words and phrases-"To prosecute"-"Order investigation"-Allied subjects governed by same principles.   Where a police officer had taken up the investigation of a case of nuisance, an offence falling under section 290, P. P. C., which is non-cognizable, without the order of a competent Magistrate Held, that the proceedings taken by the police officer were illegal and so vitiated.   The fact whether there are reasonable grounds for believing that an offence has been committed, is a very material circum stance to be taken into account in deciding whether an investigation should be ordered. A Magistrate must satisfy himself that reasonable grounds exist for believing that an offence has been committed before he orders such investigation. If he does not do so, he would be acting arbitrarily in ordering an investigation to be made. The order to investigate is an important matter and it 'must precede the investigation by the police officer.   Principles governing award of sanction to prosecute have a bearing on the question of permission to investigate in these cases. `To prosecute' and `order to investigate' are allied sub jects and should be governed by the same principles.   In the present case no information was lodged with the Magistrate regarding the offence of nuisance. Only material, relevant to this question, was an entry in daily diary of the Police Station wherein the police officer concerned had set out facts which he had observed in the village in regard to the allegation of commission of…