Mitali Palnitkar
Published On: January 24, 2022 at 15:29 IST
The Allahabad High Court observed that a Magistrate possesses the power to monitor Investigation under Section 156(3) of Criminal Procedure Code (CrPC). Any person aggrieved by the Police Probe can move to the Magistrate for monitoring the Probe.
The Division Bench Adjudicating the Petition comprised of Justices Anjani Kumar Mishra and Deepak Verma. The Petition was filed by Satyaprakash who was represented by Advocates Mohammad Khalid and Pawan Kumar Yadav.
The Petitioner sought to direct the Respondent Authorities to conduct a Fair Investigation under Section 363 (Punishment for Kidnapping) and Section 366 (Kidnapping, Abducting or Inducing women to compel her for marriage, etc) of the Indian Penal Code (IPC).
The Petitioner claimed that the Police neither Arrested the Accused nor filed any Chargesheet against them. He was also aggrieved by the manner of Investigation.
The Court relied on the Supreme Court Judgment in the Case Sudhir Bhaskarrao Tambe v Hemant Yashwant Dhage (2016), in which it was observed that if any person has grievance with respect to the Investigation not being conducted in a proper manner, the person can move an Application before the concerned Magistrate under Section 156(3) CrPC. Thereafter, the Magistrate can direct proper Investigation and monitor the Investigation as well.
The Court also relied upon two other Supreme Court decisions in Sakiri Vasu v State of Uttar Pradesh (2008) and TC Thangaraj v V Engammal (2011) to emphasize on the point that Magistrate has the power to monitor Investigation under Section 156(3) CrPC.
Also, Supreme Court in M Subramaniam Case had observed, “Section 156(3) CrPC, though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper Investigation.”
The Petitioner, Satyaprakash was granted the liberty to invoke Magistrate’s power available under Section 156(3) CrPC.
Also read: Recent Judgments under Criminal Law