Proceedings for a non-cognizable offence are unsustainable without prior Magistrate’s permission under Section 155(2) CrPC.

The petitioners invoked Section 482 of the Code of Criminal Procedure, 1973, seeking to quash proceedings in C.C. No. 1600/2022 before the Principal Civil Judge and JMFC, Belthangadi, arising from Crime No. 33/2022 registered by Belthangady Police Station for an alleged offence under Section 79 of the Karnataka Police Act, 1963.

They contended that the offence was non-cognizable and that the required order under Section 155(2) Cr.P.C. had not been obtained before the FIR was registered. The State did not dispute that submission.

Whether proceedings for an alleged non-cognizable offence under Section 79 of the Karnataka Police Act could be sustained when the Magistrate’s order required by Section 155(2) Cr.P.C. had not been obtained before registration of the FIR.

Section 155(2) Cr.P.C. requires a police officer investigating a non-cognizable case to obtain an order from the jurisdictional Magistrate before commencing the investigation.

The Court treated an alleged offence under Section 79 of the Karnataka Police Act, 1963, as non-cognizable and held that compliance with Section 155(2) was therefore necessary before registration of the FIR.

The Court noted that the FIR alleged an offence under Section 79 of the Karnataka Police Act, which it regarded as non-cognizable.

It reviewed the Trial Court’s order sheet and found no order by the jurisdictional Magistrate authorising investigation under Section 155(2) Cr.P.C. The State did not dispute the petitioners’ submission that this requirement had not been met. In the absence of the required authorisation, the Court held that the criminal proceedings could not be sustained.

The Court allowed the petition under Section 482 Cr.P.C. and quashed the proceedings in C.C. No. 1600/2022, arising from Crime No. 33/2022, against the petitioners, for the alleged offence under Section 79 of the Karnataka Police Act, 1963.