Daijiworld Media Network – Bengaluru (MS)
Bengaluru, Apr 14: High court (HC) said that any magistratial permission cannot be considered as order for investigation in any kind of non-cognizable offence. It also said that police cannot even file FIR without the order of magistrate.
The HC also formed the guidelines that need to be followed by magistrate court, when the police submit appeal to continue investigation in non-cognizable offences.
These points were mentioned in the verdict that was pronounced by one member bench of M Nagaprasanna, who conducted inquiry on the petition filed by Hariraj Shetty, resident of Bengaluru to quash the FIR and the chargesheet that is submitted by the police to the magistrate court on him.
In his order, Justice Nagaprasanna said, “The police did not get order for magistrate court to begin investigation. On the contrary they have sought permission. They have said that permission is given for investigation. But this does not fulfil the requirements of CrPC section 155 (1) and 155 (2).”
The bench quashed the FIR and magistrate court process that was registered against the plaintiff. In addition the bench also gave guidelines to be followed in such cases.