C.B.I., JAIPUR vs STATE OF RAJASTHAN

The Supreme Court held that the Chief Judicial Magistrate's dismissal of the CBI's application for permission to investigate under Section 155(2) of the Code of Criminal Procedure was justified, as the alleged offence under Section 56 of the Foreign Exchange (Regulation) Act, 1973 (FERA) is non-cognizable. The Court emphasized that without proper authorization under Section 5 of FERA, the CBI lacked the authority to investigate such non-cognizable offences. Consequently, the High Court's affirmation of the lower court's order was upheld, reinforcing the procedural requirements for investigating non-cognizable offences.