Karnataka HC guidelines for Magistrates - Section 155 (2) - Verdict India

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In a recent and significant judgment, the Karnataka High Court at Bengaluru expressed its concern over Magistrates casually allowing police investigation into non-cognizable offenses. The court, in the case of Sri Vijesh Pillai vs State of Karnataka & Anr, issued strict guidelines for Judicial Magistrates when granting permission to the police to investigate such cases.

The judgment, delivered on June 16, 2023, emphasized that Magistrates should not pass inappropriate orders and warned that their actions are contributing to the backlog of cases. The court specifically stated that the use of phrases like "permitted registration of FIR" lacks proper application of mind and should be avoided.

It stressed that permitting the registration of an FIR should not be a casual act but requires a semblance of application of mind. The court invoked its power under Section 483 of the Criminal Procedure Code (CrPC) and directed Magistrates to rectify their errors.

The court further highlighted that the Magistrates should record the source of the requisition, examine its contents, and make a prima facie determination of whether it warrants investigation. It also directed Magistrates to refrain from using phrases like "permitted" on the requisition itself and to maintain separate order sheets for granting permission.

Any deviation from these directions would be viewed seriously, as it contributes to the backlog of cases. The judgment emphasized the need for Magistrates to follow these guidelines to avoid situations where victims seeking justice are turned away due to the Magistrates' lack of application of mind.

The court clarified that both the complainant and the Station House Officer have the right to approach the Magistrate for permission to investigate non-cognizable offenses under Section 155(2) of the CrPC. In the specific case at hand, the court quashed the Magistrate's order granting permission for the registration of the FIR, citing a violation of the guidelines.

It directed the Magistrate to reconsider the requisition and pass a fresh order in accordance with the observations made in the judgment. Overall, this judgment by the Karnataka High Court serves as a landmark decision, setting guidelines to ensure that Magistrates exercise their powers judiciously and apply their minds before granting permission for the investigation of non-cognizable offenses.