VIJESH PILLAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question registration of a crime in Crime No.116 of 2023 by the K.R.Puram Police Station for offence punishable under Sec. 506 of the IPC.

(2.) Facts adumbrated are as follows:- The 2nd respondent is the complainant and petitioner is the accused. The 2nd respondent seeks to register a complaint on 11/3/2023 against the petitioner alleging that the petitioner has threatened and intimidated the complainant. The complaint is brought before the K.R.Puram Police Station upon which the Station House Officer seeks permission of the X Additional Chief Metropolitan Magistrate at Bengaluru to register a crime under Sec. 506 of the IPC for criminal intimidation in the light of the fact that Sec. 506 of the IPC is a non-cognizable offence and for a non-cognizable offence permission of the Magistrate would be imperative under Sec. 155 of the Cr.P.C., The learned Magistrate on receipt of requisition permits the crime to be registered on perusal of requisition. On the crime being registered, the petitioner has knocked at the doors of this Court in the subject petition not on the issue of merit of the matter but on non-application of mind on the part of the learned Magistrate granting permission.

(3.) Heard Sri Satyanarayana S.Chalke, learned counsel appearing for the petitioner and Sri Mahesh Shetty, learned High Court Government Pleader appearing for respondent No.1.