THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 417
Section 155
No police-officer shall investigate a non-coginzable case, without the order of a Magistrate of the 1st or 2nd class having power to try such case or commit the same for trial, or of a Presidency Magistrate.
Section 156
Any officer in charge of a police-station may, without the order of a Majistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station, would have power to inquire into.
The police report which can be the basis of action by a Magistrate, is based upon information relating to a cognizable offence.
Section 157
If, from information received i.e. under Section 154, the officer has reason to suspect the commission of a cognizable offence then ;
(1) He shall send a report of the same to a Magistrate empowered to take cognizance of it.
(2) Shall proceed to the spot to investigate the facts and circumstances of the case
and
(3) take measures, if necessary, for the discovery and arrest of the offender.
Provided
(a) that the informant gives the names of the offender and the case is not of a serious nature, the officer need not proceed in person to make an investigation on the spot.
(b) that if the officer thinks, there are no sufficient grounds for entering on an investigation, he shall not investigate the case.
He shall state in his said report his reasons for not complying fully with the requirements of the Section.
He should notify to the informant that he will not investigate the case or cause it to be investigated. But this withdrawl of the police cannot block the prosecution of the offender. They are two ways yet open.