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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
| Table of Content |
|---|
| 1. petitioner seeks relief to quash proceedings. (Para 2) |
| 2. challenging procedural errors in non-cognizable offence. (Para 3 , 6) |
| 3. guidelines for magistrates on investigating non-cognizable offences. (Para 4 , 5) |
| 4. impetus to quash proceedings due to procedural infractions. (Para 7 , 8) |
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 fil
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.
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