Vaggeppa Gurulinga Jangaligi ... vs The State Of Karnataka on 10 December, 2019
(Emphasis added)
Therefore, the order is perused and permitted. Except saying
perused, the requisition and permitted investigation or
registration of FIR, there is no indication of any application of
mind on the part of the learned Magistrate. This Court in
plethora of cases has been emphasizing the fact that
Magistrates should not permit registration of FIR by usage of
words "permitted", "perused permitted" or even "permitted
registration of FIR". All these illustrations of granting
permission on the face of it suffers from want of application of
mind. Permitting registration of a FIR cannot be a frolicsome
act on the part of the Magistrate. The Magistrate exercises
power under sub-section (2) of Section 155 of the Cr.P.C., In
doing so, it cannot be that he could pass orders which do not
bear a semblance of application of mind. This Court in
VAGGEPPA GURULINGA JANGALIGI v. STATE OF
KARNATAKA2 following all the earlier judgments rendered on
the issue has held as follows: