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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Khalandar beig, S/o Nazeer Beig – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
S.R.KRISHNA KUMAR, J.
In this petition, petitioner seeks for the following reliefs:
"WHEREFORE, it is prayed that this Hon'ble Court may pleased to:
a) Quash the entire proceedings in C.C.No.114/2023 (Crime No.287/2021), registered by the respondent No.1, the Davanagere Rural Police Station, Davanagere, for the alleged offences U/Sec. 78(A)(vi) of the KARNATAKA POLICE ACT , 1963, pending on the file of the Court of the Principal Senior Civil Judge and CJM, Davanagere, initiated on complaint of respondent No.2.
b) Pass any other order or orders, which this Hon'ble Court deems it just and necessary in facts and circumstances of the present case, in the interest of justice and equity. "
2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 & 2 and perused the material on record.
3. A perusal of the material on record will indicate that pursuant to complaint filed by respondent No.2 against the petitioner for the offences punishable under Section 78 (A) (vi) of the KARNATAKA POLICE ACT , 1963. Subsequently, the Trial Court has accepted the charge sheet dated 27.09.2022, filed on 20.01.2023 and has passed an order to register the criminal case, which was grant
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....
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.
Police cannot investigate non-cognizable offences without a prior order from the Magistrate, as per Section 155(2) of the Cr.P.C.
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.
Police lack authority to investigate non-cognizable offences without a Magistrate's order, making subsequent FIR registrations invalid and procedural lapses inherently illegal.
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