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Sri Lokesh T R @ Loki vs State Of Karnataka on 6 April, 2022 cites

The Padubidri Members Lounge vs Director General & Inspector General Of ... on 3 October, 2018

14. This Court in the case of Padubidri Members Lounge v. Director General and Inspector General of Police [W.P. Nos. 42073-75/2018 DD : 3/10/2012] , considered the mandatory provision of Section 155(1) and (2) of CrP.C., where the charge sheet was filed for the offence under Section 87 of the K.P. Act. In paragraphs 6 and 7, this Court has held as follows:--
Karnataka High Court Cites 10 - Cited by 154 - P S Kumar - Full Document

Veeranagouda S/O Nanasaheb Patil vs The State Of Karnataka By Bijapur Rural ... on 2 June, 2009

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 sub- Section (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 13 endorsement cannot be equated with the word 'Order'.
Karnataka High Court Cites 0 - Cited by 34 - Full Document
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