JUDGMENT 1. - By the instant criminal misc. petition, the petitioner has challenged the orders dated 11.3.2004 and 31.7.2004 passed by Judicial Magistrate, Vijay Nagar (for short the trial court hereinafter) whereby the trial court took cognizance of the offences under Sections 186 and 189 Indian Penal Code against the petitioner. Aggrieved of the orders impugned, the petitioner has filed the instant criminal misc. petition. 2. I have heard learned counsel for the petitioner and public prosecutor for the State. Perused the orders impugned. 3. It appears that the complainant filed a complaint with S.H.O. Police Station, Sri Vijay Nagar for the offences under Sections 186 and 189 Indian Penal Code. The police investigated the matter and filed a report before the trial court, on which the trial court took the cognizance of the offences vide order dated 11.3.2004 and issued the process. The petitioner moved an application before the trial court and requested that the order taking cognizance is vitiated as the same is contrary to sub-section (2) of Section 155 of Criminal Procedure Code. since both the offences under Sections 186 and 189 Criminal Procedure Code. are non-cognizable. 4. Undisputedly, the offences under Sections 186 and 189 are non-cognizable and in cases where the non-cognizable offences alleged to have been committed, the investigation by the police can only be made by the order of the Magistrate having power to try such cases or commit the cases for trial. Sub-section (2) of Section 155 provides that no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. 5. In the instant case, undisputedly, there is no order of Magistrate directing police to investigate the case is respect of non-cognizable offences. The trial court, vide order dated 11.3.2004 noticed that both the offences are non-cognizable and there is no order of the Magistrate directing the police to investigate the matter as envisaged under sub- section (2) of Section 155 of Cr.F.C., yet continued with the proceedings. 6. Keeping in view the specific provision of sub-section (2) of Section 155 Criminal Procedure Code., the entire investigation conducted by the police and the subsequent orders passed by the trial court taking cognizance are bad in law and therefore, liable to be set aside. 7. Consequently, the misc. petition is allowed. 6. Keeping in view the specific provision of sub-section (2) of Section 155 Criminal Procedure Code., the entire investigation conducted by the police and the subsequent orders passed by the trial court taking cognizance are bad in law and therefore, liable to be set aside. 7. Consequently, the misc. petition is allowed. The order dated 11.3.2004 taking cognizance as also the order dated 31.7.2004 are set aside and any proceeding taken thereafter before the trial court thereunder is hereby quashed. The stay application also stands disposed of.Petition allowed. *******