BENGALURU: The Karnataka High Court quashed the order passed by a magistrate, permitting Bengaluru police to register a crime against Vijesh Pillai without recording prima facie reasons, based on a complaint of a non-cognisable offence filed by Kerala gold smuggling accused Swapna Suresh.
Also quashing the crime registered on the magistrate’s order, passed without application of mind while allowing the petition filed by Pillai, Justice M Nagaprasanna remitted the matter back to the magistrate to pass appropriate orders afresh. A requisition was made by police, bearing in mind the guidelines laid down by him in this verdict.
Swapna approached KR Puram police on March 11, 2023, alleging that Pillai had threatened and intimidated her. The Station House Officer sought permission from the magistrate to register a crime under Section 506 IPC, which is imperative under Section 155 CrPC, as it is an NCO.
The magistrate permitted it. Swapna alleged that Pillai had asked her to meet him at a star hotel on Whitefield Main Road on March 4, where he allegedly stated that he had been sent by party (CPI-M) secretary Govindan and offered Rs 30 crore as final settlement for not giving any statement against the Kerala chief minister and his family members, and leave Bengaluru in a week.
“Otherwise, he will have to look for alternative options like charging me with false cases by putting contraband in my baggage, or kill me...” she alleged. “It is open to a police officer or any complainant to approach the magistrate under Section 155(2) of the CrPC to investigate an NCO... Section 155(2) remains silent as to who has to obtain permission... it can either be sought by the complainant or SHO,” the judge said. The court said magistrates have not changed their attitude of passing callous orders granting permission, which sometimes is only a one-word order: “permitted”.