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sreenath cochin (advocate)     09 February 2010

crpc

1.on recieving information frm the complaintant that a judicial magistrate has commited a cognizable offence .the police starts investigation under section 156 of crpc .thereupon the accused judicial magistrate moved a petition before the local judicial magistrate having jurisdiction to try the offence saying that a false report has been lodged against him at the instance of local police and urged him in the interest of justice to proceed under sec 159 of code of conduct of preliminary enquiry and by himself directing the police to stop investigation.the local magistrate then proceeded to conduct the preliminary enquiry directed the police to stop investigation.the local magistrate then proceeded to conduct the preliminary enquiry directed the police to stop investigation.it was contended that the local magistrate,proceeding under sec 159 of code has no power to direct the police to stop investigation.pls giv an appropriate decicion?



Learning

 2 Replies


(Guest)

S.159 does not confer a magistrate a general power to direct investigation.  The power to direct investigation is to be used when it appears from the police report under S.157 that the police are neglecting their dues or desisting from investigation on insufficient grounds.  The power of the police to investigate any cogniszable offence is uncontrolled by the magistrate, and it is only in cases where the police decide not to investigate the case that the magistrate can intervene and either direct investigation or in the alternative himself proceed or depute a magistrate subordinate to him to proceed to enquire into the case.

Madhuresh v CBI 1997 Cri.LJ 2820 (Del)

SN SHARMA  v Bipen Kumar (1970) 1 SCC 653

1 Like

sreenath cochin (advocate)     10 February 2010

thank you sir


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