THE HIGH COURT OF KARNATAKA
MR. M.NAGAPRASANNA, J
SRI SANTHOSH S/O SANTHEESH SHETTY – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. court considers the appeal against ongoing criminal proceedings. (Para 1 , 2) |
| 2. discusses necessity of magistrate's order for police investigation of non-cognizable offences. (Para 3) |
ORAL ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.1581/2020, pending before the Principal Civil Judge and JMFC Court, Udupi, registered for offences punishable under Sections 79 and 80 of the Karnataka Police Act , 1963 (for short ‘the Act’).
2. Heard Sri Hareesh Bhandary T., learned counsel for the petitioners and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for the respondent.
3. The petitioners get involved in a crime in Crime No.157/2019 for the afore-quoted offences. Prior to registration of the crime, as obtaining under Sub-section (2) of Section 155 of Cr.P.C., the learned Magistrate has granted permission by a word ‘permitted’. It is an admitted fact that in the case at hand, the alleged offences are the ones punishable under Sections 79 and 80 of the Act, which are non-cognizable offences and for non-cognizable offences, a nod of the learned Magistrate under Section 155 (2) of the Cr.P.C. is mandatory. In the
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