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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
| Table of Content |
|---|
| 1. counsel heard; records perused. (Para 2) |
| 2. importance of adherence to section 155 (2) of cr.p.c. (Para 3 , 4) |
| 3. failure of magistrate to apply mind in previous cases. (Para 5 , 6 , 7 , 8) |
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
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.
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