The court ruled that investigations into non-cognizable offences require prior permission from a Magistrate, and failure to obtain such permission invalidates the proceedings.

Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent- State.

2. The short point that arise for consideration in this petition is whether the investigating officer had taken the permission of the learned Magistrate under Section 155 (2) of Cr.P.C ., prior to conducting any investigation. The petitioner has sought for quashing of the proceedings in Crime No.231/2023 of Shahapur Police Station on the ground of want of permission to investigate the matter.

3. The case of the prosecution is that on 23.10.2023 then the PSI of Shahapur Police Station received a credible information that a few persons were playing Andar Bahar game which is game of cards amounting to gambling.

Therefore, he obtained permission from the Dy.S.P. and along with his staff and panchas went to the said spot and raided the spot and caught hold of 14 persons, including the petitioner herein and seized the money used for gambling as well as the playing cards. He returned to the police station and along with the spot mahazar, the accused No.1 to 14 and the seized articles were handed over to the SHO, with his complaint. It was registered in the above crime number and investigation was conducted by the I.O. and a charge sheet was laid after investigation.

4. The petitioner who is accused No.14 contend that the alleged place of incident is a private place and the investigation officer has not taken permission of the learned Magistrate to investigate the matter as required under Section 155 (2) of Cr.P.C . and as such, the entire investigation is vitiated. He submits that the charge sheet is filed against the petitioner is not sustainable under law and therefore the charge sheet is liable to quash. In this regard, he relies on the requirement of law as stated by this Court in the case of Vaggeppa Gurulinga Jangaligi V/s The State of Karnataka 1. In the said judgment, this Court has stated as below:

“Therefore, under Rule I, the Magistrate shall endorse on the report whether the same has been received by post or muddam. Under Rule 2, Magistrate has to specify in his order the rank and designation of the police officer or the police officer by whom the investigation shall be conducted.

Considering the mandatory requirement of Section 155(1) and (2) of Cr.P.C. and Rule 1 and 2 of Chapter V of the Karnataka Criminal Rules Practice, this Court proceed to laid down the following guidelines for the benefit of the judicial Magistrate working in the State.

i) The Jurisdictional Magistrates shall stop hereafter making endorsement as 'permitted' on the police requisition itself. Such an endorsement is not an order in the eyes of law and as mandated under Section 155(2) of Cr.P.C. ii) When the requisition is submitted by the informant to the Jurisdictional Magistrate, he should make an endorsement on it as to how it was received, either by post or by Muddam and direct the office to place it before him with a separate order sheet. No order should be 1 2020 (1) KCCR 371 passed on the requisition itself. The said order sheet should be continued for further proceedings in the case.

iii) When the requisition is submitted to the Jurisdictional Magistrate, he has to first examine whether the SHO of the police station has referred the informant to him with such requisition.

iv) The Jurisdictional Magistrate should examine the contents of the requisition with his/her judicious mind and record finding as to whether it is a fit case to be investigated, if the Magistrate finds that it is not a fit case to investigate, he/she shall reject the prayer made in the requisition.

Only after his/her subjective satisfaction that there is a ground to permit the police officer to take up the investigation, he/she shall record a finding to that effect permitting the police officer to investigate the non-cognizable offence.

v) In case the Magistrate passes the orders permitting the investigation, he/she shall specify the rank and designation of the Police