A. H. VISHWANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Additional SPP appearing for the respondent.

(2.) Charge sheet is laid against the petitioner alleging commission of an offence punishable under Section 171E of IPC.

(3.) The legal point urged by the learned counsel for the petitioner is that the alleged offence is a non-cognizable offence and the learned Magistrate has taken cognizance of the said offence without ensuring compliance of Section 155(2), Cr.P.C., 1973 The learned counsel for the petitioner submits that even though an application was submitted before the learned Magistrate seeking authorization for investigation into the alleged offence, the learned Magistrate has merely endorsed as 'permitted'. The said endorsement is not in compliance of requirements under Section 155(2), Cr.P.C., 1973 as held by this Court in the case of Praveen Basavanneppa Shivalli vs. State of Karnataka and others, reported in (2017) 1 AKR 461.