KRISHNA @ KUMAR Vs. THE STATE

JUDGEMENT

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

(2.) The above said petitions raised common question of law as to whether the police can investigate the offence under Sections 79 and 80 of the Karnataka Police Act, which are non-cognizable in nature without prior permission of the jurisdictional Magistrate, as contemplated under Section 155(2) of Cr.PC.

(3.) Criminal Petition No.7496/2016 arising out of the charge sheet filed in C.C.No.2060/2010 on the file of the V Additional Civil Judge and JMFC, Mysore, whereas the Criminal Petition No.7497/2016 arising out of C.C.No.322/2015 on the file of the IV JMFC, Mysore. In both the cases, as could be seen the First Information Reports were registered for the offences under Sections 79 and 80 of the Karnataka Police Act. The police have not taken any permission from the jurisdictional Magistrate for the purpose of investigation and even they have not taken permission to file the charge sheet for the above said offences before the Court. It is contended by the learned counsel for the petitioners that the said offences are non-cognizable in nature and the police have no jurisdiction to register and investigate the case without prior permission of the jurisdictional Magistrate as contemplated under Section 155(2) of the Criminal Procedure Code. The learned counsel also contended that, this Court in Criminal Petition No.100319/2014 dealing with the above said matter has observed that Sections 79 and 80 of the Karnataka Police Act falls under the category of non- cognizable offence. Therefore, the police cannot investigate nor file any charge sheet without prior permission of the jurisdictional Magistrate under Section 155(2) of the Cr.P.C.