Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

[Landmark Judgement] State of Bihar v/s J.A.C. Saldanha (1980)

2 min read
Landmark Judgment Law Insider (1)

Published on: 03 November 2022 at 09:03 IST

Court – Supreme Court of India

Citation – State of Bihar v/s J.A.C. Saldanha (1980) 1 SCC 554

Hon’ble Supreme Court of India has held that the Hon’ble Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973 can direct the police for further investigation of the offense.

It is held that the power conferred upon the Hon’ble Magistrate under the aegis of Section 156(3) of the Code of Criminal Procedure, 1973 can be exercised even after submission of a Police Report by the investigating officer.

Para – 19

The power of the Magistrate under Section 156(3) to direct further investigation is clearly an independent power and does not stand in conflict with the power of the State Government as spelt out hereinbefore.

The power conferred upon the Magistrate under Section 156(3) can be exercised by the Magistrate even after submission of a report by the investigating officer which would mean that it would be open to the Magistrate not to accept the conclusion of the investigating officer and direct further investigation.

This provision does not in any way affect the power of the investigating officer to further investigate the case even after submission of the report as provided in Section 173(8).

Therefore, the High Court was in error in holding that the State Government in exercise of the power of superintendence under Section 3 of the Act lacked the power to direct further investigation into the case.

In reaching this conclusion we have kept out of consideration the provision contained in Section 156(2) that an investigation by an officer in charge of a police station, which expression includes police officer superior in rank to such officer, cannot be questioned on the ground that such investigating officer had no jurisdiction to carry on the investigation; otherwise that provision would have been a short answer to the contention raised on behalf of Respondent 1.

Drafted By Abhijit Mishra

Key Words – Investigation, Magistrate, Police Station.