Published on: 26 December 2022 at 12:19 IST
Court: Supreme Court of India
Citation: XYZ v. State of M.P. 2022 SCC OnLine SC 1002
Honourable Supreme Court of India has held that the Magistrate must exercise his jurisdiction under Section 156(3) of the Code of Criminal Procedure, 1973 to direct the police to investigate commission of a cognizable offence alleged on a prima facie reading of the Complaint.
It is submitted that the Section 156(3) of the Code of Criminal Procedure, 1973 has is wide jurisdiction to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done by the police.
24. Therefore, in such cases, where not only does the Magistrate find the commission of a cognizable offence alleged on a prima facie reading of the complaint but also such facts are brought to the Magistrate’s notice which clearly indicate the need for police investigation, the discretion granted in Section 156(3) can only be read as it being the Magistrate’s duty to order the police to investigate.
In cases such as the present, wherein, there is alleged to be documentary or other evidence in the physical possession of the accused or other individuals which the police would be best placed to investigate and retrieve using its powers under the CrPC, the matter ought to be sent to the police for investigation.
Drafted By Abhijit Mishra