K. SUBBUKKANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and also the learned High Court Government Pleader appearing for the State.

(2.) The factual matrix of the case is that these petitioners have abused the complainant over the phone and the offences invoked are Sections 504 and 506 read with Section 34 of IPC. The Police Inspector sought permission vide application dated 17.02.2020 to investigate the matter.

(3.) On perusal of the said letter, the Magistrate made an endorsement mentioning that he is permitted vide order dated 17.02.2020. The Magistrate has not applied his mind while giving the permission and the same is not in compliance with Section 155(2) of Cr.P.C. Having perused the complaint averments, the allegation is that the petitioners abused the complainant over the phone. When the non-cognizable offence is invoked in the complaint, the Magistrate ought to have applied his mind before permitting to investigate the matter in consonance with Section 155(2) of Cr.P.C. The Magistrate mechanically permitted to investigate the matter and no detailed order is passed applying his judicious mind. Hence, it is a fit case to exercise the power under Section 482 of Cr.P.C. to quash the proceedings.