Magistrate Granting Permission To Probe Non-Cognizable Offence Must Apply Mind, Not Write 'Lengthy Orders To Fill Up Pages': Karnataka HC

The Karnataka High Court has said that Magistrate courts, while passing an order on a request made by the police to investigate a non-cognizable offence, should not merely pass lengthy orders only to fill up the pages, without applying their mind.

A single judge bench of Justice M Nagaprasanna while allowing the petition filed by one Krishnappa M T and another quashed the proceedings initiated against them under sections 34 and 504 of the Indian Penal Code.

The court said, “It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”

A complaint came to be filed by one Vishwanath alleging that in the year 2020, after the elections, the petitioners on losing their elections sought to undermine the dignity of the party by derogatory statements or intimidating the complainant.

The Police placed the complaint before the Magistrate for obtaining permission to register a crime on a non-cognizable offence, which came to be allowed. Following which summons were issued to the petitioners.

The petitioners challenging the same submitted that the order of the magistrate granting permission to register a crime bears no application of mind, as is necessary in law.

The prosecution opposed the plea contending that the Magistrate order does bear application of mind permitting the registration of the crime. It is a lengthy order and it does bear application of mind.

On going through the impugned order, the bench noted that the Magistrate records that the Police Officer receives the information about a non-cognizable offence, then necessarily has to seek permission from jurisdictional Magistrate, to proceed with the investigation. This is the procedure that is narrated in the order.

"The so-called application of mind by the learned Magistrate is only in the words "By considering the request and information of the complainant, it is revealed that the information in a noncognizable case is received by the police officer. In the interest of justice, it is proper to accord permission to proceed in accordance with Law."

Court observed that the afore-quoted words of the Magistrate can by no stretch of imagination be an order, which bears application of mind.

“What is required in law, while the Magistrate grants permission to register a crime, is application of mind, which is ostensibly absent in the afore-quoted paragraph. Therefore, it is not an order that has even a semblance of application of mind.”

It added, “It is rather shocking that Magistrates, while granting permission, do not apply their mind and callously grant permission to register the crime while passing orders under Section 155(2) of the Cr.P.C. These acts of passing orders, which bear no reasons or application of mind, have resulted in docket explosion before this Court. Therefore, time and again this Court has directed the Magistrates not to indulge in passing such orders. The Magistrates are still passing the same orders, as if it is a frolicsome act.”

Accordingly it allowed the petition.

Case Title: Krishnappa M T & ANR AND State of Karnataka & ANR

Appearance: Advocate Nandini B for Advocate Bhargav G for Petitioner.

ADDL SPP B.N Jagadeesha for R1.

Citation No: 2024 LiveLaw (Kar) 481

Case No: CRIMINAL PETITION NO. 13215 OF 2023

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