jurisdiction of magistrate

As per the case of saratha vs Intelligence Officer N.C. Bureau: 1999 CRLJ 3973 SC, the magistrate can direct the police under his jurisdiction to investigate into the case and report.He has neither the power nor the auhority nor jurisdiction to direct any police officer outside his jurisdiction including that of CID or CBI.

 Judgement of Hon'ble Apex Court in the case of Suresh Chand Jain Vs. State of Madhya Pradesh & another : JT 2001 (2) SC 81 .

In this case facts were that a complaint was made before the Chief Judicial Magistrate , Neemuch (M.P.) with the allegation that the accused had committed offence punishable under section 420 I.P.C. and under section 3 of the Prizes , Chits and Money Circulation Scheme ( Prohibition) Act . After perusal of the complaint the Magistrate was of the view that the offence was of serious nature and so it required to be investigated by the police . He, therefore, instead of proceeding with the matter as a complaint case , passed an order directing the police under section 156(3) Cr. P. C. to investigate the case. This order was challenged by the accused before the learned Sessions Judge by filing a revision contending that the Magistrate had no jurisdiction to pass such an order on a complaint filed before him. This plea was rejected by the Sessions Judge. Then he moved an application before High Court under section 482 Cr.P.C. That application was also dismissed. Then he filed a criminal appeal before the Hon'ble Apex Court challenging the above order. The Hon'ble Supreme Court holding that the order passed by the Magistrate was absolutely right made following observations in para 10 of the judgement:
"The position is thus clear. Any judicial Magistrate , before taking cognizance of the offence, can order investigation under Section 156 (3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an F.I.R. There is nothing illegal in doing so . After all registration of an F.I.R. involves only the process of entering the substance of the information relating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the Code. Even if a Magistrate does not say in so many words while directing investigation under Section 156 (3) of the Code that an F.I.R. Should be registered , it is the duty of the officer-in- charge of the police station to register the F.I.R. regarding the cognizable offence disclosed by the complaint because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter."

The Hon'ble Apex Court in the said judgement relied upon its earlier decision of three Judges Bench in Gopal Das Sindhi and others Vs. State of Assam and another ( AIR 1961 SC 986) and two Judges Bench in Tula Ram and others Vs. Kishore Singh ( AIR 1977 SC 240). In Gopal Das Sindhi (supra) the Hon'ble Apex Court had made the following observations:
" If the Magistrate had not taken cognizance of the offence on the complaint filed before him, he was not obliged to examine the complainant on oath and the witnesses present at the time of the filing of the complaint. We can not read the provision for section 190 to mean that once a complaint is filed, a Magistrate is bound to take cognizance if the facts stated in the complaint disclose the commission of any offence. We are unable to construe the word ' may' in section 190 to mean 'must'. The reason is obvious. A complaint disclosing cognizable offences may well justify a Magistrate in sending the complaint, under section 156(3) to the police for investigation. There is no reason why the time of the Magistrate should be wasted when primarily the duty to investigate the cases involving cognizable offences is with the police. On the other hand, there may be occasions when the Magistrate may exercise his discretion and take cognizable of a cognizance offence."

 Judgement of Hon'ble Apex Court in the case of Suresh Chand Jain Vs. State of Madhya Pradesh & another : JT 2001 (2) SC 81 .

In this case facts were that a complaint was made before the Chief Judicial Magistrate , Neemuch (M.P.) with the allegation that the accused had committed offence punishable under section 420 I.P.C. and under section 3 of the Prizes , Chits and Money Circulation Scheme ( Prohibition) Act . After perusal of the complaint the Magistrate was of the view that the offence was of serious nature and so it required to be investigated by the police . He, therefore, instead of proceeding with the matter as a complaint case , passed an order directing the police under section 156(3) Cr. P. C. to investigate the case. This order was challenged by the accused before the learned Sessions Judge by filing a revision contending that the Magistrate had no jurisdiction to pass such an order on a complaint filed before him. This plea was rejected by the Sessions Judge. Then he moved an application before High Court under section 482 Cr.P.C. That application was also dismissed. Then he filed a criminal appeal before the Hon'ble Apex Court challenging the above order. The Hon'ble Supreme Court holding that the order passed by the Magistrate was absolutely right made following observations in para 10 of the judgement:
"The position is thus clear. Any judicial Magistrate , before taking cognizance of the offence, can order investigation under Section 156 (3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an F.I.R. There is nothing illegal in doing so . After all registration of an F.I.R. involves only the process of entering the substance of the information relating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the Code. Even if a Magistrate does not say in so many words while directing investigation under Section 156 (3) of the Code that an F.I.R. Should be registered , it is the duty of the officer-in- charge of the police station to register the F.I.R. regarding the cognizable offence disclosed by the complaint because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter."

The Hon'ble Apex Court in the said judgement relied upon its earlier decision of three Judges Bench in Gopal Das Sindhi and others Vs. State of Assam and another ( AIR 1961 SC 986) and two Judges Bench in Tula Ram and others Vs. Kishore Singh ( AIR 1977 SC 240). In Gopal Das Sindhi (supra) the Hon'ble Apex Court had made the following observations:
" If the Magistrate had not taken cognizance of the offence on the complaint filed before him, he was not obliged to examine the complainant on oath and the witnesses present at the time of the filing of the complaint. We can not read the provision for section 190 to mean that once a complaint is filed, a Magistrate is bound to take cognizance if the facts stated in the complaint disclose the commission of any offence. We are unable to construe the word ' may' in section 190 to mean 'must'. The reason is obvious. A complaint disclosing cognizable offences may well justify a Magistrate in sending the complaint, under section 156(3) to the police for investigation. There is no reason why the time of the Magistrate should be wasted when primarily the duty to investigate the cases involving cognizable offences is with the police. On the other hand, there may be occasions when the Magistrate may exercise his discretion and take cognizable of a cognizance offence."