SHIVASHANKARACHARI Vs. STATE OF KARNATAK

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and learned counsel for the respondent.

(2.) On the report of PSI-Kantharaj. K, Pavagada dtd. 21/8/2017, NCR was registered against the petitioners and a requisition was given by the investigation Officer to the learned Magistrate to permit them to conduct investigation as provided under Sec. 155(2) of Cr.P.C having regard to the fact that the alleged offence under Sec. 78(3) of the Karnataka Police Act, 1963 is non-cognizable offence. The learned Magistrate has made an endorsement to the effect "permitted" on the very same requisition submitted by the investigating officer and thereafter FIR, has been lodged in Cr.No.197/2017 of Pavagada Police Station of Tumkur District and police after investigation have filed a charge sheet against the petitioners for the offences punishable under Sec. 78(3) of Karnataka Police Act, 1963 which is now pending in C.C.No.579/2017 before the Court of Principal Civil Judge and JMFC, Pavagada. The petitioners have questioned the validity of said proceedings on the ground that that the learned Magistrate had no jurisdiction to take cognizance of the alleged offences having regard to the fact that no valid permission as required under law was granted to the investigating officer by the learned Magistrate.

(3.) The learned counsel for the petitioners submits that the endorsement made on the requisition submitted by the investigating officer to the effect "permitted" is not in compliance of the requirement of Sec. 155(2) of Cr.P.C. He also submitted that there is no application of mind by the learned Magistrate at the time of granting such a permission and therefore, he prays to allow the petition.