BENGALURU: The Karnataka High Court expressed concern over magistrates passing orders granting permission callously, without applying mind whenever police seek permission to proceed with an investigation, after receiving information about a non-cognisable offence under Section 155(2) of the CrPC.
"These acts of passing orders, which bear no reason or application of mind, have resulted in a docket explosion before this court. Therefore, time and again, this court has directed magistrates not to indulge in passing such orders. Magistrates are still passing the same orders as if it is a frolicsome act," said Justice M Nagaprasanna, quashing defamation proceedings initiated against Krishnappa MT and Swamy, based on a complaint filed by Vishwanath, a local leader of a political party with Turuvekere police in Tumakuru district.
The high court noted that it is an order which has no reason. Merely passing lengthy orders, only to fill up pages, does not mean an order with application of mind. "Application of mind is necessary in law and not the application of ink; it is not the flow of ink on paper that is necessary in law, but the flow of content depicting such application of mind," the court observed.
Before this, the additional state public prosecutor contended that the order passed by the magistrate is lengthy and does bear application of mind. The court, however, said it is not an order that has even a semblance of application of mind. "It is rather shocking that magistrates, while granting permission, do not apply their mind and callously grant permission to register the crime, while passing orders under Section 155(2) of the CrPC," the court observed.