Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. Krishna Kumar
Sadhana Prashanth Karkare – Appellant
Versus
State Of Karnataka, By Koramangala Police Station – Respondent
ORDER :
S.R. Krishna Kumar, J.
In this petition, petitioner seeks for the following reliefs:
a) Call for the relevant records;
b) Quash the FIR in Crime No.94/2024, pending on the file of Respondent No.1 Koramangala PS, Bengaluru for the offences punishable u/s 171F of the INDIAN PENAL CODE , 1860 (also pending on the file of the 39th Addl. Chief Metropolitan Magistrate, Bengaluru).
c) Grant any such other reliefs as this Hon'ble Court may deem fit in light of the facts and circumstances of the case, in the interest of justice and equity.
2. Heard learned counsel for the petitioner, learned HCGP for respondent Nos.1 and 2 and perused the material on record.
3. A perusal of the material on record will indicate that pursuant to complaint dated 28.03.2024 filed by respondent No.2 against the petitioner for the offences punishable under Sections 171F of IPC , a requisition was made by respondent No.1 – Police to learned Magistrate to permit for investigation under Section 155 (2) of Cr.P.C, which was granted by passing a cryptic, laconic, non speaking and unreasoned order without assigning valid reasons, which is contrary to the principles laid down by this Court in the cases of Vageppa Gur
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....
A Magistrate must provide reasoned orders when permitting police investigations under non-cognizable offences to ensure lawful process compliance.
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....
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.
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
