"Raid does not amount to an investigation; police not expected to wait till they obtain the permission of Magistrate": Karnataka HC

Team SoOLEGAL 2 Apr 2021 4:13pm

In the case of Gopal Krishna and ors. v. The State of Karnataka, the High Court of Karnataka stated that to conduct a raid, the police do not need to wait for prior permission from the Magistrate and that, a raid does not amount to an investigation.

In this case, the police had got information that few people were involved in illegal gambling. the police reached the place with a search warrant and confiscated Rs. 12,550 and a case was registered against the petitioner after receiving the permission from the Magistrate. A petition was filed by the accused to the Court for order of quashing the FIR against them under Section 482 of Cr.P.C. The petition had stated that the raid and investigation took place without prior notice from the Magistrate and hence it violates Section 155(2) of Cr.P.C. The lawyer from the side of the State argued that the investigation took place with permission from the Magistrate and hence the necessary proceedings cannot be quashed.

The Court had observed that, no dispute was there under Section 155(1) of CrPC but the main issue is under Section 155(2) of CrPC. The petitioner had contended that, it is necessary for the police to obtain permission from the magistrate. The Court had stated that, the contention of the petitioner is not logical because there has been compliance of Section 155(2) of Crpc.

Tagged: Karnataka HC   FIR   Section 482   High Court   Magistrate  
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