Point of law: Mere mentioning word ‘permitted’ is not sufficient to register FIR unless, it is expressly referred to the jurisdictional Magistrate under Section 156(3) of Cr.P.C.

ORDER :

Heard Sri Avinash M. Angadi, the learned counsel for the petitioners and Sri Gururaj V. Hasilkar, the learned High Court Government Pleader for the respondent - State.

2. The petitioners being aggrieved by the proceedings against them in Crime No.141/2022 for the offences punishable under Sections 171E and 171H of Indian Penal Code (for short, ‘IPC’) preferred this petition seeking to quash the same.

3. Brief facts of the case are as under:

The defacto complainant Mr. Rajeev Biradar-Zonal Forest Officer, Muddebihal was flying squad of the team of Muddebihal for Member of Legislative Council Election, 2022-North Western Teachers’ Constituency. It is further stated that on 13.06.2022, on credible information having been received that, some unauthorized persons illegally doing campaign and residing in Laxmi lodge. When the complainant and his team went to the lodge and they learnt that, room Nos.13, 15, 18 and 23 have been occupied by the unauthorized persons, who are canvassing unauthorizedly without obtaining permission. As such, a complaint came to be lodged for the offences punishable under Sections 171E and 171H of IPC. The police have registered the case in Crime No.141/2022 after obtaining the permission from the Magistrate.

4. The learned counsel for the petitioners directly canvassed his arguments on the point that the registration of the FIR is bad, as the alleged offences are non-cognizable in nature and the complainant has not followed the procedure stipulated under Sections 155(1) and (2) of Cr.P.C. and prays to allow the petition and quash the FIR.

5. Per contra, the learned High Court Government Pleader for the respondent - State opposed the petition submitting that, the respondent/police followed the procedure in terms of Sections 155(2) of Cr.P.C. There is no lacuna in obtaining the permission for registration of FIR. Hence, prays to dismiss the petition.

6. After having heard the learned counsel for the respective parties and also averments of the complaint, it discloses that, the complainant has lodged a complaint before the jurisdictional police on 12.06.2022 at about 10-30 p.m., the police have registered NC No.8/2022 for the above said offence and thereafter, referred the complainant to the jurisdictional Magistrate to lodge a complaint. Accordingly, on 13.06.2022 the complainant filed a complaint before the Magistrate and obtained permission. After obtaining the permission, on 13.06.2022, FIR came to be registered. However, in the complaint nowhere it is stated that the matter referred to the jurisdictional police in terms of Section 156(3) of Cr.P.C. to register the FIR and conduct investigation. Mere mentioning the word ‘permitted’ is not sufficient to register the FIR unless, it is expressly referred to the jurisdictional Magistrate under Section 156(3) of Cr.P.C. Therefore, the registration of FIR is held to be illegal and erroneous and liable to be quashed. Accordingly, I proceed to pass the following;

ORDER

The Criminal Petition is allowed.

The entire investigation in Crime No.141/2022 of Muddebihal Police Station, pending on the file of the Civil Judge and JMFC Court, Muddebihal for the offences punishable under Sections 171E and 171H of Indian Penal Code in respect of petitioners is quashed.