Interference in investigation by JMFC

A typing error:

Police is trying to avoid the arrest of accused.

Do you mean to say that the police is trying to avoid the arrest but  trying to file the case?

please also mention whether it is a cognizable offence or non cognizable offence.

Police is trying to "close" the case without filing the chargesheet.

The magistrate wants the police to complete the investigation and file the chargesheet.

The offence is cognisable and FIR is registered.  The magistrate had issued arrest warrant.  Despite this police is avoiding to arrest the accused without giving any reason in writing (to the magistrate).

The sessions court has not given stay to the proceedings before magistrate.

In fact the Magistrate can not issue such direction at the stage of investigation, if the investigation has begun as a result of FIR. The Magistrate has no powers to control the investigation. However, if the investigating officer seeks permission of the Magistrate to File i.e. close the case, the Magistrate has option to take cognizance of the offence, if there is prima facie case and issue arrest warrant if the case is Warrant case.

 You seem to have immense faith in judiciary. Even Chief Justice of India does not have. Read how a Minister in UPA government is facing murder charge after police made it into a road accident case. Read the roles of JM and Sessions.

 The problem is not CAN'T but the problem is that he HAS and now grow into a very old man, sell your house in meeting legal expenses and then come back to square one.

Yes, the investigation begun on the registration of FIR.

There are three accused.  Police arrested one and got arrest warrant issued for remaining two.  These remaining two accused are highly influencial.  Police are refusing to arrest these remaining two accused but are not ready to give anything in writing before the magistrate.

As a result magistrate made a complaint to higher ups of the investigation officer.  But to no avail.

Importantly police themselves had approached the magistrate for issuance of arrest warrant of the remaining two accused.

My question : Is there any citation of HC/SC for/against the action of magistrate?

I think it is better if the facts are narrated precisely and clearly with enough details so that a proper reply can be given. Had Mr. Rajendra stated at the beginning itself that the police themselves had applied to the Magistrate for issuance of the warrants, I would not have said that the Magistrate can not issue warrant. The query was drafted in a misleading manner.

My sincere apologies to Adv. Palnitkar.

 They are holy cows.

Dear Rajendraji, the case is in the stage of investigation and the only material for consideration for the magistrate is whether the FIR disclose commission of a cognizable Offenece or not. If there are materil on records in the FIR that disclose commission of a cognizable offence the magistrate can certainly act under section 156 (3) of the CrPc. See the case of Kanaksingh Hathisingh Jadeja and others Vs Balbhadrasingh Narendrasingh Jhala and others 1988 (1) Cri.LC 134 at page 135 decided by the Gujarat high Court.

                                       But it is also settled judicial opinion in the Country that interference by the Court in police investigation is not approved as held by the Supreme Court in the case of  State of west Bengal and others Vs Sampat Lal and others,1985(1) Cri.LC 340 at page 342 SC.

Thanks Assumiji,

There are statements of witnesses (before police) that the bribe was given to the accused in their presence.

Dear Rajendra,

It is but natural that you are disturbed by the attitude of police. I can suggest you ways. Please post the entire facts in detail with fair details of the FIR and gist of the statements of the witnesses on my ID or contact me on my cell. The ID and cell number are on my profile.