Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.Nagaprasanna
Rohith, S/O S.Venugopal – Appellant
Versus
State Of Karnataka, High Grounds Police Station, Rep. By State Public Prosecutor – Respondent
ORDER :
M. Nagaprasanna, J.
The petitioner is accused No.7 qua accused Nos.1 to 6. This court has quashed the proceedings in Crl.P.No.9904/2024.
2. Learned counsel appearing for the petitioner submits the reason so rendered while quashing the proceedings against accused Nos.1 to 6 would squarely become applicable to the facts of the case at hand qua accused No.7, as well.
3. This court has held as follows:
"The petitioners – accused Nos.1 to 6 are before this Court calling in question an order dated 03.08.2022, passed by the Metropolitan Magistrate Traffic Court – I, Bengaluru, in C.C.No.27412/2022, registered for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 (‘the Act’ for short).
2. Heard Sri Adarsha R., learned counsel for petitioners and Sri Harish Ganapathy, learned High Court Government Pleader for the respondents.
3. It is an admitted fact that though the offences are punishable under Sections 79 and 80 of the Act, which are non-cognizable offences and for a non-cognizable offence, prior permission of the learned Magistrate is imperative under Section 155(2) of the Cr.P.C. In the case at hand, no permission is sought prior to registration of the
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.
A Magistrate must provide reasoned orders when permitting police investigations under non-cognizable offences to ensure lawful process compliance.
An endorsement such as 'permitted' by a Magistrate does not constitute a valid order under Section 155(2) of the Cr.P.C. without reasoned consideration, necessitating compliance with established proc....
Police cannot investigate non-cognizable offences without a prior order from the Magistrate, as per Section 155(2) of the Cr.P.C.
Police lack authority to investigate non-cognizable offences without a Magistrate's order, making subsequent FIR registrations invalid and procedural lapses inherently illegal.
Police cannot investigate non-cognizable offences without a Magistrate's order, ensuring judicial oversight in such matters.
Permission under Section 155(2) Cr.P.C. can be granted by the Magistrate upon application from the complainant, validating subsequent investigations. Procedural technicalities do not invalidate proce....
Investigations for non-cognizable offences require explicit permission from the Magistrate, and failure to adhere to this requirement renders the proceedings invalid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
