38.6c New Delhi, India, Thursday, March 28, 2024
Judiciary

Magistrate Has Power To Order Further Investigation U/S 156 (3) CrPC In Post-Cognizance Stage: SC [Read Judgment]

By LawStreet News Network      17 October, 2019 08:55 AM      0 Comments
Magistrate Has Power To Order Further Investigation U/S 156 (3) CrPC In Post-Cognizance Stage: SC [Read Judgment]

In a significant judgment on October 16, 2019, the Supreme Court, in the case of Vinubhai Haribhai Malaviya and Ors. v. The State of Gujarat and Anr., has held that a Magistrate has power to order further investigation into an offence under Section 156 (3) of the Code of Criminal Procedure, 1973, in post cognizance stage, until the trial commences.

The Bench comprising Justice Rohinton Fali Nariman, Justice Surya Kant and Justice V. Ramasubramanian passing the ruling has set aside a Gujarat High Court order which had held that post-cognizance a Magistrate would have no power to order further investigation into an offence.

The issue before the bench was whether after a charge-sheet is filed by the police, the Magistrate has the power to order further investigation, and if so, up to what stage of a criminal proceeding.

After examining the provisions of the code, the bench observed that “the Magistrate's power under Section 156(3) of the CrPC is very wide, for it is this judicial authority that must be satisfied that a proper investigation by the police takes place. To ensure that a "proper investigation" takes place in the sense of a fair and just investigation by the police - which such Magistrate is to supervise - Article 21 of the Constitution of India mandates that all powers necessary, which may also be incidental or implied, are available to the Magistrate to ensure a proper investigation which, without doubt, would include the ordering of further investigation after a report is received by him under Section 173(2); and which power would continue to enure in such Magistrate at all stages of the criminal proceedings until the trial itself commences. Indeed, even textually, the "investigation" referred to in Section 156(1) of the CrPC would, as per the definition of "investigation" under Section 2(h), include all proceedings for collection of evidence conducted by a police officer; which would undoubtedly include proceedings by way of further investigation under Section 173(8) of the CrPC.”

The bench overruled 43 year old precedent

With the present judgment, the bench overruled the 43 year old precedent - Devarapalli Lakshminarayana Reddy & Ors. v. V. Narayana Reddy. In this case, the court held that "The power to order police investigation under Section 156(3) is different from the power to direct investigation conferred by Section 202(1). The two operate in distinct spheres at different stages. The first is exercisable at the pre-cognizance stage, the second at the post cognizance stage when the Magistrate is in seisin of the case.”

Finding the above observation to be erroneous, the court in this regard said “Section 2(h) is not noticed by the aforesaid judgment at all, resulting in the erroneous finding in law that the power under Section 156(3) can only be exercised at the pre-cognizance stage. The "investigation" spoken of in Section 156(3) would embrace the entire process, which begins with the collection of evidence and continues until charges are framed by the Court, at which stage the trial can be said to have begun. For these reasons, the statement of the law contained in paragraph 17 in Devarapalli Lakshminarayana Reddy (supra) cannot be relied upon.”

[Read Judgment]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-declines-to-reconsider-judgement-holding-conspiracy-to-be-scheduled-offence-under-pmla-only-if-offence-specifically-mentioned
Trending Judiciary
SC declines to reconsider judgement holding conspiracy to be scheduled offence under PMLA only if offence specifically mentioned [Read Order]

Supreme Court declines review, confirms conspiracy must relate to a scheduled offence under PMLA, dismissing appeal on money laundering charges.

27 March, 2024 07:40 PM
arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM

TOP STORIES

global-entertainment-giants-warner-bros-netflix-amazon-get-relief-from-delhi-hc-in-copyright-protection-case
Trending Business
Global entertainment giants Warner Bros, Netflix, Amazon get relief from Delhi HC in copyright protection case

Delhi HC grants relief to global entertainment giants like Netflix, Amazon, Warner Bros, ordering takedown of copyrighted content on rogue websites.

22 March, 2024 12:13 PM
arvind-kejriwal-arrested-can-cm-administer-a-region-while-being-in-jail
Trending Top Stories
Arvind Kejriwal Arrested | Can CM administer a region while being in jail?

Will President's rule be imposed in Delhi after Kejriwal’s arrest? Read the full article to know more.

22 March, 2024 03:16 PM
merely-because-you-are-politician-cant-bypass-statutory-remedies-procedure-sc-refuses-to-consider-bail-by-kavitha
Trending Judiciary
'Merely because you are politician, can't bypass statutory remedies, procedure,' SC refuses to consider bail by Kavitha

Supreme Court denies bail to politician Kavitha in Delhi Liquor Policy Scam; ED alleges Rs 100 crore illegal gratification.

22 March, 2024 03:34 PM
ponmudi-to-be-sworn-in-as-minister-tn-governor-relents-before-sc
Trending Judiciary
Ponmudi to be sworn in as Minister, TN Governor relents before SC

Tamil Nadu Governor relents to Supreme Court's order, agrees to swear in DMK leader K Ponmudi as Minister after court's rap.

22 March, 2024 03:54 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email