JUDGMENT 1. Heard learned Counsel for the petitioner. Notice issued to respondent No.2 was served, but unrepresented vide note put up by the Registry on 23.09.2019. 2. Learned Counsel for the petitioner strenuously contends that the order dated 06.03.2019 passed by the learned Magistrate is erroneous. The said order reads as follows: 'Perused the Order of the Honble High court of Karnataka in CRP No.3424/2016 and 3185/2018, the Honble High court of Karnataka directed the police could have obtain permission and entire proceedings to be repeated after obtaining permission for carrying investigation. Hence the Varthur Police Station is directed for investigation afresh and report. Call on 31/05/2019.' 3. The above said order has to be tested before this Court from other surrounding circumstances. The first information report was registered in Crime No.258/2014 by respondent No.1-police under Sections 500 & 501 of IPC and under Section 67(A) of the Information and Technology Act, 2008. Thereafter, it appears that the police have started investigating the matter and after investigation filed the charge sheet. The said charge sheet was challenged before this Court in Crl.P.No.3424/2016 and this Court vide order dated 05.08.2016, particularly at para 7 held as follows: '7. It is pointed out that this correction has indeed been made in the charge sheet having been filed for an offence punishable under Section 292 of the IPC and the only correction that would be required is that the complainant is seeking permission of the Court in the Police carrying on with the further investigation. Hence, all the steps taken by the prosecution or the Police, without seeking permission of the Court are set aside. It would be necessary for the entire proceedings to be repeated after obtaining permission from the Court which the Police may direct the complainant to do. With this observation, the petition is allowed in part and disposed of in terms referred above.' 4. It is clear from the above said directions of this Court that all the steps taken by the police without seeking permission of the Court are liable to be set aside. No investigation would have been done without the permission of the Court by the complainant and the police have filed charge sheet. Therefore, the Court specifically directed that the police have to direct the complainant to approach the jurisdictional Magistrate to take permission and thereafter to repeat the entire proceedings in accordance with law. No investigation would have been done without the permission of the Court by the complainant and the police have filed charge sheet. Therefore, the Court specifically directed that the police have to direct the complainant to approach the jurisdictional Magistrate to take permission and thereafter to repeat the entire proceedings in accordance with law. 5. It appears that in the order impugned in this petition, the learned Magistrate without even hearing the complainant has directed the Varthur Police to investigate the matter afresh and report and posted the case awaiting report of the police. At this stage, the said order is challenged before this Court. 6. Granting permission to investigate the matter to the complainant particularly, when the offences are non-cognizable in nature under Section 155 of Cr.P.C. it is incumbent upon the learned Magistrate to apply its mind or ascertain whether it is just and necessary to direct the police to investigate the matter at the request of the complainant. Sub-Section (2) of Section 155 of Cr.P.C says that, no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. Therefore, under sub-Section (1) of Section 155 of Cr.P.C. which clarifies the situation that when information is given with reference to non-cognizable offence, the officer in-charge of a police station of the commission within the limits of such station of the non-cognizable offence he shall enter or note the cause of the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. 7. Therefore, it is not that the police themselves can go to the learned Magistrate and seek permission for investigation, but they are only having power to direct the complainant to approach the jurisdictional Magistrate and seek permission and thereafter submit the same to the police for further investigation. 8. When this Court had categorically directed that it is complainant who has to take permission from the learned Magistrate, without hearing the complainant, the said order passed by the learned Magistrate mechanically without even applying its judicial mind, directed the police to investigate the matter and to file final report afresh is erroneous, illegal and against the recognized procedural aspect in law. 9. 9. It is also to be further looked into by this Court that whether it is cognizable offence or non-cognizable offence before passing any orders for investigation, the learned Magistrate having jurisdiction to entertain the complaint or the first information report have to apply their mind to the contents of the complaint averments or the information to find out whether any offence is constituted under any penal law for time being in force and whether it requires any investigation by the police or inquiry by the Court itself. Such findings of the Court is absolutely a legal requirement before permitting the police to investigate with reference to non-cognizable offences or taking cognizance by itself or for inquiring into the matter. This legal principle has to be meticulously and zealously followed by the jurisdictional Magistrate. The same has not been done in this particular case. Hence, the order impugned in this petition requires to be quashed. The petition is allowed. Consequently, the order dated 06.03.2019 passed by II Additional Chief Judicial Magistrate, Bengaluru in C.C.No.5949/2015 is hereby quashed. However, if the complainant approaches the jurisdictional Magistrate seeking any direction to the police for any investigation, in such eventuality, the learned Magistrate has to adhere to the above said observations made in the body of this order and to pass necessary and appropriate orders in this regard.