KESHAV LAL THAKUR vs STATE OF BIHAR

The Supreme Court held that under Section 31 of the Representation of the People Act, 1950, the police cannot investigate a non-cognizable offence without a competent Magistrate's order as per Section 155(2) of the CrPC. The Court found that the Chief Judicial Magistrate's cognizance was improper since the police had no authority to register a case for a non-cognizable offence under Section 154 of the CrPC. Consequently, the Court quashed the proceedings against the appellant, Keshav Lal Thakur.