DEEPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question an order dtd. 7/10/2020 passed by the III ACMM Court, Bengaluru in C.C.No.12278/2020 registered for offences punishable under Ss. 427 and 34 of the IPC.

(2.) Sec. 427 of the IPC is admittedly a non-cognizable offence, for which, permission of the learned Magistrate even to register an FIR or conduct investigation is mandatory in terms of Sec. 155(2) of the Cr.P.C.

(3.) It is an admitted fact in the case at hand that, there is not even a communication sent to the learned Magistrate seeking his permission to register the FIR or conduct investigation.