A non-cognizable offence cannot be investigated without the order of a Magistrate having power to try such an offence

Karnataka High Court: While deciding a criminal petition filed under Section 482 of CrPC, a Single Judge Bench of Aravind Kumar, J. held that Section 155(2) CrPC clearly discloses that a Police Officer is not entitled to investigate a non-cognizable offence without the order of a Magistrate having power to try such an offence.

Petitioners were arrayed as accused in a criminal case for offences punishable under various sections of the Karnataka Police Act, 1963. The petitioners were seeking to quash the said proceedings against them contending, inter alia, that the same was in violation of Section 155(1) and (2)  CrPC.

Learned counsel for the petitioners contended that if the information relates to a non-cognizable offence than the Investigating Officer has to take permission of the jurisdictional Magistrate before proceeding to investigate the matter; and on account of such defect being large in the instant case, the prosecution launched against the petitioners was liable to be quashed.

The Court perused Section 155 CrPC and held that Section 155(2) CrPC clearly discloses that a Police Officer is not entitled to investigate a non-cognizable offence without the order of a Magistrate having power to try such an offence. However, the Court perused the approval granted by the jurisdictional Magistrate which disclosed that an application under Section 155(2) CrPC was made by the IO concerned seeking permission into the offence alleged against the petitioners. Accordingly, the petition was dismissed holding it to be sans merit. [Syed Shabeer v. State of Karnataka, Criminal Petition No. 2630 of 2017, decided on September 8, 2017]

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