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Karnataka High Court lays down guidelines for magistrates when ordering investigation of non-cognizable offences

(i) Magistrates shall record as to who has submitted the requisition for investigation, whether it is the informant or the Station House Officer, and make an endorsement of receipt of requisition in a separate order sheet.

(ii) Magistrates shall not pass any order if the complaint is not enclosed to the requisition.

(iii) Magistrates shall notice and examine the contents of the requisition and record a prima facie finding as to whether it is a fit case to be investigated. If it is not a fit case to be investigated, the magistrates shall reject the prayer made in the requisition. The order of the magistrates shall bear application of mind, not by rendering a detailed order or detailed inquiry at that stage, but it shall bear application of mind.

(iv) Magistrates should forthwith stop using the words “permitted”, “perused permitted” or “perused requisition permitted registration of FIR” on the requisition itself. Magistrates shall pass separate orders and maintain a separate order sheet with regard to the grant of such permission. Granting permission on the requisition would be contrary to law.

(v) The order of the magistrates shall contain all the aforesaid. Any deviation from what is directed will be construed as the magistrates contributing to the huge pendency of cases by their callous action of passing inappropriate orders and it would be viewed seriously.

Source: Barandbench

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