'Police has unfettered power to investigate cognisance offences'

Allahabad, Mar 9 (UNI) Allahabad High Court today ruled that police has unfettered power to investigate cognisance offences even only on ground of suspicion, if it came to the conclusion that full facts were not given in earlier FIR.

A two-judge bench comprising Justices Amitava Lala and Shiv Shanker observed so far as double jeopardy was concerned, particularly in view of Article 20 (2) of the Indian Constitution, the same could be available, if procecution and punishment were made for the same offence under the same act.

Dismissing a petition filed by Mukeem Ullah and others of Allahabad challenging the second FIR, the court said the stage of investigation and stage of prosecution and punishment were distinct.

''Stage of investigation is a pre-cognisance stage, wherein stage of prosecution and punishment is post cognisance stage.'' ''If better material is available in subsequent FIR and if the same is not ditto of FIR, there is no bar on the police authorities about investigation,'' the court added.

The matter related to August 23, 2005, which took place during gram panchayat elections of village Chhitemau, Allahabad.

UNI XC VS VD HT1955