Fresh investigation.—In the facts of the present case, the Court is satisfied that
the complaints, which were filed in respect of malfeasance and misfeasance within thee
jurisdiction of the Ahmedabad Police, were not in respect of the same cognizable offence
or the same occurrence giving rise to one or more cognizable offences, nor were they
alleged to have been committed in the course of the same transaction or the same
occurrence.—Rameshchandra Nandlal Parikh vs. State of Gujarat & Anr., 2006 CrLJ
964 (SC) = 2006 (1) Scale 254 (SC) = AIR 2006 SC 915 = 2006 (1) SCC 732 (SC) =
2006 (1) JT 326 (SC).
The Court is of the opinion that the investigation conducted so far does not inspire
confidence and, therefore, there is an imperative need that further investigation is
conducted in the matter by somewhat better equipped and independent investigation
agency.—M. P. Singh Rathore vs. State of NCT of Delhi & Ors., 2006 CrLJ 1366 (Del) =
2006 (3) Cur CriR 284 (Del) = 2006 (127) DLT 317 (Del).
The High Court was right in observing that the FIRs, which were under challenge
before it, were regarding independent and distinct offences. Hence, the FIRs could not be
prohibited on the ground that some other FIR had been filed against the Petitioner in
respect of other allegations made against the Petitioner.—Rameshchandra Nandlal
Parikh vs. State of Gujarat & Anr., 2006 CrLJ 964 (SC) = 2006 (1) Scale 254 (SC) = AIR
2006 SC 915 = 2006 (1) SCC 732 (SC) = 2006 (1) JT 326 (SC).
Exercise of power under Section 156(3) of the Code by
the Magistrate may be viewed from another angle. Direction for further investigation can
be given even after the investigation culminates in submitting a report under Section 173.
To state precisely, the Code enjoins a duty upon officer-in-charge of a Police Station to
register in FIR if the report reveals commission of a cognizable offence.—Ram Babu Gupta & Anr. vs. State of U.P. & Ors., 2001 CrLJ 3363 (All) = 2001 All LJ 849 (All) = 2001 (43) All CriC 50 (All) = 2001 (3) Rec CriR 698 (All).
Power to direct investigation or further investigation is entirely different from the
method and procedure of investigation and the competence of the person to investigate.
Section 3 of the Act as interpreted by us deals with the powers of the State Govt. to direct
further investigation into the case.—State of Bihar & Anr. vs. J. A. C. Saldanna & Ors.
AND R. P. Singh vs. J. A. C. Saldanna & Ors., AIR 1980 SC 326 = 1980 (2) SCR 16
(SC) = 1980 (1) SCC 554 (SC) = 1980 CrLJ 98 (SC).
