Case Note & Summary
The petitioners, arraigned as Accused Nos. 1 and 2, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set aside the order dated 24.11.2016 passed by the IX Additional Chief Metropolitan Magistrate (ACMM), Bangalore in Crime No. 308/2016. The impugned order permitted the registration of a criminal case for a non-cognizable offence under Section 506 of the Indian Penal Code, 1860 (IPC) against the petitioners. The petitioners also sought to quash the consequent FIR registered by the Jnanabharathi Police. The background of the case is that the second respondent/defacto complainant lodged a complaint before the first respondent police, who then sought permission from the Magistrate to register the FIR for the non-cognizable offence. The Magistrate granted permission without following the mandatory procedure under Section 155(2) CrPC, which requires prior approval of the Magistrate for investigation of a non-cognizable offence. The petitioners argued that the order was passed mechanically without application of mind. The court heard the learned counsel for the petitioners and the learned High Court Government Pleader for the State, while counsel for the second respondent did not appear. The court analyzed the provisions of Section 155(2) CrPC and found that the Magistrate's order did not reflect any application of mind or satisfaction regarding the necessity of investigation. The court held that the order was illegal and liable to be set aside. Consequently, the court allowed the petition, set aside the impugned order, and quashed the FIR in Crime No. 308/2016.
Headnote
A) Criminal Procedure Code - Investigation of Non-Cognizable Offence - Section 155(2) CrPC - Prior Approval of Magistrate - The Magistrate's order permitting registration of FIR for offence under Section 506 IPC without prior approval under Section 155(2) CrPC is illegal and liable to be set aside - Held that the order was passed without application of mind and without following mandatory procedure (Paras 4-6).
Issue of Consideration
Whether the order passed by the IX ACMM, Bangalore permitting registration of FIR for a non-cognizable offence under Section 506 IPC without following the procedure under Section 155(2) CrPC is sustainable.
Final Decision
The petition is allowed. The order dated 24.11.2016 passed by the IX ACMM, Bangalore in Cr.No.308/2016 is set aside. Consequently, the registration of FIR in Cr.No.308/2016 of Jnanabharathi Police for the offence punishable under Section 506 of IPC is quashed.
Law Points
- Section 155(2) CrPC requires prior approval of Magistrate for investigation of non-cognizable offence
- Section 482 CrPC inherent powers to quash proceedings
- Section 506 IPC criminal intimidation
