The petitioner is before this Court calling in question

the registration of a crime in Crime No.39 of 2023 registered for

the offences punishable under Sections 171E & 171B of the IPC,

1860.

Heard the learned counsel Shri Bhargava D.Bhat

appearing

for

the

petitioner

and

the

learned

HCGP

Smt. Yashodha K.P. appearing for respondents.

3.

The facts that led to registration of the said crime at

this juncture is not required. What is alleged against the

petitioner is the offences punishable under Sections 171E &

171B of the IPC, 1860. Admittedly both these provisions are

non-cognizance. For the non-cognizable offence, permission of

the learned Magistrate is imperative under Section 155(2) of the

Cr.P.C. Learned Magistrate has, though, granted permission in

the case at hand it is by the word “PERMITTED”. Such

permission being granted by the learned Magistrate for

registration of crime have all been found fault with in plethora

of judgments rendered by this Court, one of which, I deem it

appropriate to quote the Co-ordinate Bench of this Court in the

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case of Vaggeppa Gurulinga Jangaligi (Jangalagi) vs. The

State of Karnataka reported in ILR 2020 Kar 630 has held as

follows:

“