Revision Court quashed the Magistrate's order granting permission to investigate under Section 155(2) Cr.P.C. without reasons, remanding for a fresh reasoned order, following Sajjal Agarwal.
Order dated 20.02.2021 passed by Judicial Magistrate of First Class, Banaganapalle set aside and matter remanded for fresh reasoned order.
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THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL REVISION CASE No.677 of 2021
ORDER:
This Revision Case is filed aggrieved by the orders dated 20.02.2021 passed by the Judicial Magistrate of First Class, Banaganapalle.
“Then coming to the second argument, as rightly submitted by learned counsel for petitioners, except according permission to investigate the matter, learned Magistrate has not assigned any plausible reasons which prompted him to grant such permission. In Sajjal Agarwal v. State of A.P1, this Court observed thus:
"Para 10: It is contended by the petitioners counsel that the Courts below in these two cases granted permission under Section 155(2) Cr.P.C without giving any reasons for grant of such permission. In case a police officer or a complainant approaches the Magistrate for permission under Section 155(2) Cr.P.C, it is not incumbent on the Magistrate to grant the permission invariably. It is open to the Magistrate either to grant permission or refuse to grant permission. When there is such discretion vested in the Magistrate, it is desirable that the Magistrate should give reasons for empowering a police officer to investigate a non-cognizable case, so that an aggrieved party will be in a position to question the same in higher Courts and will be in a position to know for what reasons his application was considered or not considered. This Court is of the opinion that the Magistrate should not be casual in granting permission under Section 155(2) Cr.P.C. simply because a police officer requested for such permission. The Magistrate has to consider entire gamut of the case and take into account whether a police officer will be in a position to collect better material during investigation than the complainant himself furnishing material in support of his case. Otherwise there is every possibility of misuse of Section 155(2) Cr.P.C in case such power is given to any
1 2019(1) ALD (Crl.)
2
unscrupulous police officer misusing his official position and harassing the named accused persons." However, in the instant case Magistrate has not recorded reasons for according permission.”
In view of the reasons mentioned in the above judgment, the
order of the Court below is liable to be set aside.
Accordingly, the criminal revision case is allowed and the order dated 20.02.2021 passed by the Judicial Magistrate of First Class, Banaganapalle is set aside and the matter is remanded to Court below for pronouncing fresh reasoned order.
As a sequel, the miscellaneous applications pending, if any, shall stand closed.
_____________________ JUSTICE D.RAMESH Date: 07.12.2021 RD
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THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL REVISION CASE No.677 of 2021
Date: 07.12.2021
RD
1 issue framed by the court
Whether the order permitting investigation under Section 155(2) Cr.P.C. without assigning reasons is liable to be set aside
Colour shows how this judgement treated each authority
S Yadagiri Reddy and Ors. Vs. State of Andhra PradeshReferred¶5
S Yadagiri Reddy and Ors. Vs. State of Andhra Pradesh
Sajjal Agarwal v. State of A.PApplied¶6
Sajjal Agarwal v. State of A.P
1 provisions across 1 enactments
Petitioner
Complainant (2nd Respondent)
D Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
