Published on: 27 September 2023 at 11:30 IST
Court: Supreme Court of India
Citation: Bhajan Singh V. State of Haryana (2011)
Honourable Supreme Court of India has held that the Magistrate must be immediately informed of every serious offence so that he may be in a position to act under aegis of Section 159 of the Code of Criminal Procedure, 1973 if so required. It is duly held Section 159 Code of Criminal Procedure, 1973 empowers the Magistrate to hold the investigation or preliminary enquiry of the offence either himself or through the Magistrate subordinate to him. It is held that Section 159 CrPC is designed to keep the Magistrate informed of the investigation so as to enable him to control investigation and, if necessary, to give appropriate direction.
28. Thus, from the above it is evident that the Criminal Procedure Code provides for internal and external checks : one of them being the receipt of a copy of the FIR by the Magistrate concerned. It serves the purpose that the FIR be not ante-timed or ante-dated.
The Magistrate must be immediately informed of every serious offence so that he may be in a position to act under Section 159 CrPC, if so required. Section 159 CrPC empowers the Magistrate to hold the investigation or preliminary enquiry of the offence either himself or through the Magistrate subordinate to him. This is designed to keep the Magistrate informed of the investigation so as to enable him to control investigation and, if necessary, to give appropriate direction.
Drafted By Abhijit Mishra