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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
RAJESH RAI K
Ambranna S/o Channabasappa – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
The petitioners are before this Court calling in question the proceedings in Crime No.16/2024, pending on the file of the Court of the Civil Judge and JMFC (Jn.Dn.), Shahapur, for the offences punishable under Sections 79 and 80 of the KARNATAKA POLICE ACT , 1963, on the ground of non-compliance of the mandatory requirements prescribed under Section 155 (2) of the Code of Criminal Procedure.
2. Heard Shri Ashok B. Mulage, learned counsel appearing for the petitioners, Sri Jamadar Shahabuddin, learned High Court Government Pleader appearing for the respondent-State and perused the material on record.
3. The case of the prosecution is that, on 10.01.2024, respondent/Police under the instructions of PSI of respondent Police Station barged into the recreation club and disconnected the CCTV recorder and conducted raid, arrested persons who were involved in playing game of chance by placing bets. An amount of Rs.15,000/- along with other material objects were also seized. The Police registered a complaint in Crime No.16/2024 for the aforesaid offences on 07.02.2024. The matter was referred for investigation. The Police after investigation filed charge-sheet again
Police cannot investigate non-cognizable offences without a prior order from the Magistrate, as per Section 155(2) of the Cr.P.C.
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....
Police cannot investigate non-cognizable offences without a Magistrate's order, ensuring judicial oversight in such matters.
Police lack authority to investigate non-cognizable offences without a Magistrate's order, making subsequent FIR registrations invalid and procedural lapses inherently illegal.
Failure to obtain permission for investigating a non-cognizable offence under Sec. 155 of the Cr.P.C can vitiate the proceedings and lead to the quashing of the FIR and complaint.
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