Investigation of non-cognizable offences without complying with the mandatory procedure under Section 155(1) and 155(2) of the Cr.P.C., specifically the failure to obtain a speaking order from the Magistrate, vitiates the proceedings and renders the resulting charge sheet liable to be quashed.

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS ) PRAYING TO CALL FOR RECORDS IN CC 1248/2024 AND QUASH THE CHARGE SHEET IN CC NO.1248/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SAKALESHPUR.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:

HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this Court calling in question proceedings in C.C.No.1248/2024 registered for offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963.

Heard Sri. Keshav Murthy K.R., learned counsel for the petitioners and Smt.Sowmya R, learned HCGP for respondent No.1 and have perused the material on record.

Learned counsel appearing for the petitioners submits that prior to registration of the crime as necessary, the nod of the learned Magistrate under 155(2) of the Cr.P.C. was not obtained or the permission that was granted is by the words "permitted".

In that light, the issue stands answered by the judgment of the Co-ordinate Bench of this Court in the case of Vaggeppa Gurulinga Jangaligi v. State of Karnataka reported in ILR 2020 KAR 630, wherein it has held as follows:

“3. The petitioner has stated that the complaint is misconceived, and the alleged offence is non-cognizable as per the Code of Criminal Procedure, 1973. Therefore, the Police have no authority to investigate the crime. It is further submitted that the Police have not complied with mandatory requirement of Section 155 of Cr. P.C. When the officer-in-charge of the Police Station received information regarding commission of non-cognizable offence, he shall enter the same in a book to be maintained by the said officer and refer the informant to he Magistrate. Further, sub-Section (2) of Section 155 of Cr. P.C., mandates that no Police Officer shall investigate a non-cognizable case without order of a Magistrate having power to try such case or commit such case for trial. The petitioner has further stated that there is no iota of evidence that the above said mandatory requirement are complied with. There is no speaking order by the jurisdictional Magistrate permitting the Police to take up investigation. Therefore, the proceedings initiated against the petitioner who is arrayed as accused No. 4 in the charge sheet are liable to be quashed.

5. The Learned Counsel for the petitioner submitted that the offence punishable under Section 87 of the K.P. Act is non-cognizable one and therefore, as per Section 155(1) of Cr. P.C., the informant PSI ought to have been referred to the jurisdictional Magistrate and the jurisdictional Magistrate ought to have passed the order, permitting the concerned Police to take up investigation of the case and these are the mandatory requirements of the provisions under Section 155(1) and 155(2) of Cr. P.C. which are not followed in the present case. Therefore, the proceedings initiated against the petitioner are vitiated and are liable to be quashed.

8. It is not in dispute that the alleged offence punishable under Section 87 of the K.P. Act is a non-cognizable offence. When the report is received by the SHO of Police Station in respect of commission of non-cognizable offence, the SHO has to follow the mandatory procedure prescribed under Section 155(1) and 155(2) of Cr. P.C. Therefore, it is necessary to refer the said provision. Section 155 of Cr. P.C., which deal with the procedure for investigation and for taking cognizance of non-cognizable offence reads as follows:—

“155. Information as to non-cognizable cases and investigation of such cases.

(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.

(2) No police officer