Non-cognizable offence: Just mentioning ‘permitted’ is not sufficient to register FIR, says HC

The Kalaburagi Bench of the Karnataka High Court has said that just mentioning the word ‘permitted’ is not sufficient to register the FIR in non-cognizable offence cases unless it is expressly referred to the jurisdictional magistrate under CrPC section 156 (3).

Justice S Rachaiah said this while quashing an FIR registered against three persons registered during last year’s MLC election.

During the MLC elections from the North Western Teachers’ Constituency, Rajeev Biradar, zonal forest officer of Muddebihal, was the flying squad officer of Muddebihal. On the night of June 12, 2022, on receipt of credible information that some unauthorized persons were illegally conducting a campaign, he conducted a raid on Lakshmi Lodge.

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During the raid, it was noticed that some unauthorized persons had occupied four rooms and were canvassing unauthorizedly without obtaining permission.

Subsequently, a complaint was lodged on June 13, 2022, against Pandurang Mali, Bhimappa and Vishal A Hiremani, all hailing from Chikkodi in Belagavi district, for offences punishable under IPC sections 171E and 171H, after obtaining permission from the magistrate.

The accused challenged the FIR contending that the registration of the FIR was bad, as the offences are non-cognizable in nature and the complainant had not followed the procedure stipulated under CrPC sections 155(1) and (2).

In their argument defending the action, Muddebihal police said the FIR was registered only after obtaining permission from
the magistrate.

As per CrPC section 155(1), when information is given to an officer in charge of a police station of a non-cognizable offence, the officer should enter the information in a book as prescribed under law and refer the informant to the magistrate. This apart, CrPC section 155(2) stipulates that no police officer should investigate a non-cognizable case without the order of a magistrate having the power to try such a case or commit the case for trial.

Justice Rachaiah noted that nowhere in the complaint it is stated that the matter referred to the jurisdictional police in terms of CrPC section 156 (3) to register the FIR and to conduct an investigation, except the word ‘permitted’. “Therefore, the registration of FIR is held to be illegal and erroneous and liable to be quashed,” the court said.