Investigation Of Non-Cognizable Offences: Karnataka HC Issues Directions [Read Order]
Karnataka High Court has issued guidelines to be followed by Judicial Magistrates, as to how they have to approach and pass orders when requisition is submitted by the SHO of police station seeking permission to investigate, non-cognizable offence. Justice P G M Patil said "Subsection (2) of Section 155 of Cr.P.C. makes it clear that the Magistrate has to pass an 'order'...
Karnataka High Court has issued guidelines to be followed by Judicial Magistrates, as to how they have to approach and pass orders when requisition is submitted by the SHO of police station seeking permission to investigate, non-cognizable offence.
Justice P G M Patil said "Subsection (2) of Section 155 of Cr.P.C. makes it clear that the Magistrate has to pass an 'order' which means supported by reasons. On the other hand, in number of cases, the
Jurisdictional Magistrates are writing a word 'permitted' on the requisition submitted by the police itself which does not satisfy the requirement of Section 155(2) of Cr.P.C. such an endorsement cannot be equated with the word 'Order'."
The court issued the following guidelines:
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 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 Officer who has to investigate the case, who shall be other than informant or the complainant.
The guidelines were issued while hearing a petition filed by Vaggeppa Gurulinga Jangaligi (Jangalagi), seeking to quash the proceedings under section 87 of the Karnataka Police Act.
The court said "SHO of Kagwad police station received a complaint from PSI on 23/9/2019 and SHO submitted a requisition to IV Additional JMFC, Athani, seeking permission to investigate the offence under Section 87 of the K.P.Act. It is seen that the learned Magistrate has made and endorsement on the requisition which reads as follows:- "Perused materials. Permitted". Therefore, absolutely there is no application of judicious mind by the learned Magistrate before permitting the police to investigate the non-cognizable offence much less an order passed by the learned Magistrate. Under these circumstances, the proceedings initiated against the petitioner in Additional Civil Judge and JMFC, Athani, are liable to be quashed so far as the petitioner is concerned."
[Read Order]