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J. M. KHAZI
Mahesha – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. Petitioner, who is accused No.2 before the trial Court, have filed this petition under Sec. 482 of Cr.P.C, with a prayer to quash the order dtd. 11/2/2022 passed by the Civil Judge and JMFC, Siruguppa in C.C No.759/2022, taking cognizance for the offence punishable under Sec. 78(3) of Karnataka Police Act, 1963 (for short "K.P. Act"), contending that the alleged offence is a non-cognizable and the investigating officer has not obtained the permission of the jurisdictional magistrate as mandated under Sec. 155 of the Cr.P.C and therefore, the entire proceedings are vitiated.
2. Heard the learned counsel representing the petitioner and also the learned High Court Government Pleader for the respondent and perused the records.
3. As evident from the records, Crime No.14/2022 came to be registered against the petitioner for the offence punishable under Sec. 78(3) of K.P. Act, based on the complaint filed by PSI Sirigeri Police Station alleging that on 19/1/2022 at 4.00 p.m., near Anjaneya Temple of Dasapur village, at a public place, petitioner-accused No.2 was indulged in collecting money from public through accused No.1 for "Matka" which is a game of chance.
4. Based on the
Failure to obtain permission for investigating a non-cognizable offence under Sec. 155 of the Cr.P.C can vitiate the proceedings and lead to the quashing of the FIR and complaint.
Failure to obtain permission for investigation in a non-cognizable offence under Sec. 155 of Cr.P.C vitiates the proceedings and warrants quashing of the same.
Non-cognizable offences under the Karnataka Police Act require prior permission from the Magistrate under Sec. 155(2) of the Cr.P.C. for the investigation to be valid.
Mandatory compliance with Section 155 of Cr.P.C. is crucial for police investigations of non-cognizable offences.
Prosecutorial proceedings for non-cognizable offences are invalid if the mandatory permission from a Magistrate is not obtained as stipulated in Sections 155(1) and (2) of the Cr.P.C.
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