In a bid to tackle the mounting pendency of cases in the state, the Karnataka High Court has issued stern guidelines for magistrates regarding the granting of permission to investigate non-cognizable cases.
The court's warning comes as a response to the alarming trend of magistrates passing inappropriate orders without applying due diligence.
Justice M Nagaprasanna stressed that the process of permitting the registration of a First Information Report (FIR) should not be taken lightly and cannot be treated as a mere formality. The judge highlighted that magistrates must exercise their powers under Section 155(2) of the Criminal Procedure Code (CrPC) with utmost care and ensure that their orders demonstrate a clear application of mind.
Referring to numerous cases where magistrates failed to exercise judicious judgment, the court expressed disappointment that magistrates continue to pass orders without proper scrutiny. This has resulted in an avalanche of litigation in the High Court, with petitions seeking to quash such ill-considered orders under Section 482 of the CrPC.
Consequently, the court firmly stated that magistrates must mend their ways and carefully evaluate the requisitions received before issuing appropriate orders. To ensure compliance, the court outlined specific directions and guidelines for magistrates:
1. Magistrates must record the source of the requisition, whether it is from the complainant or the police, and acknowledge the receipt of the requisition in a separate order sheet.
2. Orders should not be passed if the complaint is not attached to the requisition.
3. Magistrates should thoroughly review the contents of the requisition and make a preliminary determination on whether it is a case that merits investigation. If the case does not warrant investigation, the magistrates should reject the prayer made in the requisition. While the order need not be detailed, it should reflect a clear application of mind.
4. Magistrates are prohibited from using phrases like "permitted," "perused permitted," or "perused requisition permitted registration of FIR" on the requisition itself. Instead, separate orders should be passed and maintained in a dedicated order sheet for granting permission.
5. The magistrates' orders should incorporate all of the aforementioned guidelines. Any deviation from these directives will be construed as a contributing factor to the backlog of cases, and such actions will be treated seriously.
In light of the court's directions, the registry has been instructed to circulate the order to all magistrates across the state to ensure their adherence.
The court's ruling on the matter came while considering a petition filed by Vijesh Pillai, seeking to quash a criminal case registered against him under Section 506 (Criminal Intimidation) of the Indian Penal Code. The court remanded the case back to the magistrate court, urging them to pass appropriate orders in accordance with the law, considering the observations and guidelines provided in the High Court's order.
By setting these guidelines, the Karnataka High Court aims to streamline the process of granting permission for the investigation of non-cognizable offenses and reduce the burden on the judiciary caused by hasty and ill-considered orders.
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