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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. Krishna Kumar
Lakshmi R. Hebbalkar – Appellant
Versus
State of Karnataka Kakati Police Station Belagavi, Represented By The State Public Prosecutor – Respondent
ORDER :
S.R. Krishna Kumar, J.
In this petition, the petitioner seeks the following reliefs:
“Hence, the petitioner most humbly prays that this Hon’ble Court may be pleased to quash the criminal proceedings in C.C.No.4210/2024 pending before the Hon’ble (ACMM-42) XLII Addl. Chief Metropolitan Magistrate, Bengaluru (Special Court for Trial of Cases against sitting as well as former MPs/MLAs, Triable by Magistrate in the State of Karnataka), for the offence punishable U/Sec. 127-A of RP Act, as against the petitioner herein, who is arrayed as Accused No.2, in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned Additional SPP for respondent No.1 and perused the material on record.
3. A perusal of the material on record will indicate that respondent No.2 filed the instant complaint against the petitioner on 06.05.2023 for the alleged offences punishable under Section 127 -A of the Representation of the People Act, 1951 (for short “the said Act of 1951”), which is a non-cognizable offence requiring necessary permission/approval from the learned Magistrate before conducting investigation.
4. Under identical circumstances, in the case of Sri. K.C.mPutta
Investigations for non-cognizable offences require explicit permission from the Magistrate, and failure to adhere to this requirement renders the proceedings invalid.
chargesheet filed against petitioner, being in violation of provisions contained under Section 155(2) of CrPC and also on merit, is hereby quashed as taking contents of chargesheet as it is; no offen....
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....
The judgment emphasizes the mandatory nature of legal provisions such as Section 195(1) Cr.P.C., Section 2(d) Cr.P.C., and Section 155(2) Cr.P.C. in determining jurisdiction and procedural compliance....
Mandatory requirements of Section 155(1) and (2) of Cr.P.C and the procedure to be followed while granting permission for investigation.
Police cannot investigate non-cognizable offences without a prior order from the Magistrate, as per Section 155(2) of the Cr.P.C.
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