In, Mahantesh Koujalagi vs State of Karnataka, a Single Bench of Karnataka HC has held that, offence under Section 127-A being a non-cognizable offence, permission must be granted in terms of Section 155 of Cr.P.C. when the information is placed before the magistrate.
Facts
Petitioner has called in question the validity of the proceedings for the offence punishable under Section 127-A of the Representation of People Act.
It is the case of the petitioner that offence under Section 127-A of the Act, even if made out, would result in imprisonment for a term which may extend to 6 months or with fine.
Accordingly, it is submitted that this would be a non-cognizable offence. It is further submitted that there is no material on record that would indicate permission of the Magistrate has been obtained prior to investigation and the charge sheet that is filed is liable to be set aside on this sole ground alone.
Court Observation
The Single Bench of Karnataka HC observed that, If information is placed before the Magistrate for obtaining permission, the reference must be of the informant and the Magistrate to pass orders by applying his mind and keeping in mind the guidelines as laid down in the judgment in the case of Vaggeppa Gurulinga Jangaligi (Jangalagi) vs The State of Karnataka - ILR 2020 KAR 630.
Court Judgment
The Karnataka Hc while disposing off the matter has held that, in light of the offence under Section 127-A being a non-cognizable offence, permission must be granted in terms of Section 155 of Cr.P.C. and on this sole ground alone, the investigation made and charge sheet filed are to be set aside and the matter is to be remitted to the stage of information being made out to the police authorities.
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