The main legal point established is that the investigation into a non-cognizable offence without the necessary permission from the Magistrate is without jurisdiction and cannot be validated by obtaining permission after the investigation has commenced.

( 1 ) IN this petition the petitioners have prayed for quashing the proceejdings in Crime No, 409 of 1979 registered by Kalasipalayam Police, station against them for the alleged violation of S. 13 of the, Karnataka fire Force Act, 1964, the rules and Notification issued thereunder.

( 2 ) THE first petitioner is the Executive Director of M/s. Prakash roadlines (P) Ltd. , and the second petitioner is the Management of the said M/s. Prakash Roadlines (P) Ltd. , which is carrying on, its business of transporting goods at Kalasipalayam New Extension, Bangalore. The business of the Management of M/s. Prakash Roadlines (P) Ltd. , is to receive goods for transhipment to other places from Bangalore and thet goods transported to Bangalore from other places for being delivered the same. The Management has to store the goads so received in their godowns in the said premises and, thereafter, to transport the same to different destinations through their lorries or to deliver the goods to the consignees.

( 3 ) IT is the case of the prosecution that by so storing the goods in question the Petitioners had violated S. 13 of the Karnataka Fire Farce act, 1964, and the Notification issued thereunder and, as such, they have committed the offences,

( 4 ) THE incident is said to have taken place between 26th and 27th april 1979. The sub Officer North Fire Station, Mysore Road, Bangalore, mad" a complaint to the Sub Inspector of Police, Kalasipalayam Police station, Bangalore, on 27. 4. 1979 to the effect that there was a fire call and the same was attended to by the Karnataka Fire Force at Prakash roadlines (P) Limited, Delivery Gcdown in Kalasipalayam New extension and, while attending to the said call, it was found that the management had stored the commodities and materials like cloth bundles, g. P. 203/79 paper bundles, chemicals, Rubber goods Medicines, Polyster suitings (Roll), Indian yarn, toilet goods, grease drums, gas cylinders, oil cans blankets, copper and brass rretal materials, cycle, plastic, electrical equipment, fertilisers, nylon yams, in the godown and the godownt was also used as commercial office and stored the things without providing the minimum requirements of the Fitst Aid Fire fighting equipments as required by Rule 9 and the Notification Lsued on 20. 9. 1971 in S. O. No 1717 under Section 13 of the Karnataka Fire Force Act, 1964, and on the aforesaid allegations it was further stated that the Executive Director and the Management of M/s. Prakash Roadlines (P) Limited, have completely neglected the Fire Precautionary measures recommended in the said government Notification S. O. No. 1717 and, therefore, the Sub officer, north Fire Station, Mysore Rqad, Bangalore, requested the Sub Inspector of Police, Kalasipalayam Police Station, Bangalore, to register a case against the Management for having not observed the precautionary measures which resulted in causing damages to public properties due to the fire accident. This information was received by the Sub Inspector of police, Kalasipalayam Police Station, on 27. 4. 1979 at 3. 30 P. M. and, thereafter, the said Sub Inspector of Police registered a case in Crime 'no. 409 of 1979 for the aforesaid offences under Section 13 of the Karnataka fire Force Act, 1964, read with Rules 9, 21, 27, 32, 33, 36 and, 37 and the notification referred to above and sent the First Information Report to the Metropolitan Magistrate, III Court, Bangalore City, within whose jurisdiction the alleged offences took place, on 28-4. 1979.

( 5 ) IT is alleged that on 28. 4. 1979 the Police is said to have obtained an order of the jurisdictional Magistrate to investigate into a non cognizable offence as the offence under Section 13 of the Karnataka Fire, Force Act is said to be a non cognizable one. The Magistrate is said to have accorded permission to the Police to investigate into the alleged non-cognizable offence on 28. 4. 1979. In the meanwhile, it is stated that on 27 4. 1979 itself immediately after t

Click Here to Read the rest of this document