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6. Learned counsel for the petitioner has relied on the orders of this Court passed in several cases in support of his submission.

7. Per contra, learned High Court Government Pleader submitted that the jurisdictional Magistrate has permitted the concerned police to take up investigation and therefore, there is compliance of Section 155(2) of Cr.P.C.

8. It is not in dispute that the alleged offence punishable under Section 87 of the K.P. Act is a non-cognizable offence. When the report is received by the SHO of Police station in respect of commission of non-cognizable offence, the SHO has to follow the mandatory procedure prescribed under Section 155(1) and 155(2) of Cr.P.C. Therefore, it is necessary to refer the said provision. Section 155 of Cr.P.C. which deal with the procedure for investigation and for taking cognizance of non-cognizable offence reads as follows:-

10. This Court in the case of Praven Basavanneppa Shivalli Vs. State of Karnataka and Others (2017) 1 Air Kant R 461 considered the requirement of Section 155(1) and (2) of Cr.P.C. where case relates to a non-cognizable offence, in para 10 of the judgment this Court has observes as follows:

"10. S. 155 of Cr.P.C. deals with the procedure to be adopted in respect of the information received by the Officer in charge of a Police Station relating to commission of non- cognizable offence. As per sub-section (1) of S.155 Cr.P.C. when an Officer in charge of Police Station receives the information as to the commission of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be maintained by such Officer in the prescribed form 'and refer the informant to the Magistrate'. Sub-section (2) of S.155 Cr.P.C. makes it clear, that no Police Officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit case for trial. Sub-section(1) of S.155 Cr.P.C. which casts a duty on the station house officer who receives information as to the commission of non-cognizable offence to enter or caust to be entered the information in the prescribed book and refer the informant to the Magistrate, does not enable the SHO himself to approach the Magistrate and seek orders. The provision makes it clear, that the SHO shall refer the informant to the Magistrate, thereby, making clear that it is for the informant to seek the orders of jurisdictional Magistrate for issue of direction to the police for investigation of the case. The Magistrate, on being approached by the informant, if orders investigation, the SHO concerned would get jurisdiction to register the crime, investigate the matter and not otherwise."

11. This Court in the case of Mukkatira Anitha Machaiah Vs. State of Karnataka and another in Crl.P.5934/2009 decided on 20/8/2013 considered the scope of Section 155(1) and (2) of Cr.P.C. has observed in para 5 as follows:-

"5. Section 155 of Cr.P.C. deals with the procedure to be adopted in respect of an information received by the officer in charge of a police station relating to commission of a non- cognizable offence. According to sub- section (1) of Section 155 of Cr.P.C., when an officer in charge of the Police Station receives an information as to the commission of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in the prescribed book and refer the informant to the Magistrate. According to sub- section (2) of Section 155 of Cr.P.C. no police officer shall investigate a non-cognizable case without a order of a Magistrate having power to try such case or commit the case for trial. Thus reading of sub-section(1) of Section 155 of Cr.P.C. makes it clear that the duty of the SHO, who receives information as to the commission of a non-cognizable offence is only to enter or cause to be entered the substance of the information in the prescribed book and refer the informant to the Magistrate. It is for the informant to approach the jurisdictional Magistrate and seek a direction to the police for investigation. If the Magistrate on being approached by the informant, directs investigation, the Police Officer concerned would get jurisdiction to investigate the matter.

18. Under these circumstances, this Court felt it necessary to lay down some guidelines for the benefit of our Judicial Magistrates as to how they have to approach and pass orders when requisition is submitted by the SHO of police station seeking permission to investigate into the non-cognizable offence. The provision of Section 155(1) and (2) of Cr.P.C. referred above make it very much clear that the SHO of the police station on receiving the information regarding the commission of non- cognizable offence, his first duty is to enter or cause to be entered the substance of such commission in a book maintained by such Officer and then refer the informant to the Magistrate. This is the requirement of Section 155(1) of Cr.P.C. Once the requisition is submitted to the Magistrate, it is for the Jurisdictional Magistrate to consider the requisition submitted by the SHO of police station and pass necessary order either permitting the police officer to take up the investigation or reject the requisition. Section 155(2) of Cr.P.C. specifically provides that no police officer shall investigate the non- cognizable case without the order of the Magistrate having power to try such case or commit such case for trial. Therefore, passing an "order" by the Magistrate permitting the police officer to investigate the non-cognizable offence is an important factor. The word without the order of the Magistrate appearing in Subsection (2) of Section 155 of Cr.P.C. makes it clear that the Magistrate has to pass an 'order' which means supported by reasons. On the other hand, in number of cases, the Jurisdictional Magistrates are writing a word 'permitted' on the requisition submitted by the police itself which does not satisfy the requirement of Section 155(2) of Cr.P.C. such an endorsement cannot be equated with the word 'Order'.