Anonymous
Asked December 21, 2016

Powers of Magistrate

  • 2 Answers
  • 2118 Views

Whether a Magistrate has powers /jurisdiction to issue orders to ACP/Police to further investigate the matter u/s 173(8) of CrPC after charge sheet is filed at the instance of Complainant in a state case without it being asked for either by police or public prosecutor

Answers 2

Dear Sir,

The Magistrate has the power under Section 173(8) to direct the police to further investigate the matter. Direction to further investigate is case specific and the power can be exercised by the Magistrate.

 

Thanks

Agree Comment 0 Agrees almost 4 years ago
  • Default avatar
    Anonymous
    Thanks Dheeraj Gupta
    Agree 0 Agrees almost 4 years ago


Under section 156 (3) Cr. P. C, even if an FIR has been registered and even if the police has made the investigation, or is actually making the investigation, which the aggrieved person feels is not proper, such a person can approach the Magistrate, and if the Magistrate is satisfied he can order a proper investigation and take other suitable steps and pass such order orders as he thinks necessary for ensuring a proper investigation.

The power in the Magistrate to order further investigation under Section 156(3) is an independent power, and does not affect the power of the investigating officer to further investigate the case even after submission of his report vide Section 173(8). Hence the Magistrate can order re-opening of the investigation even after the police submits the final report.[1]

The court has held that Section 156(3) Cr.P.C. is wide enough 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 F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police.[2]

 

[1] State of Bihar vs. A.C. Saldanna, 1980 AIR 326, 1980 SCR (2) 16. Available at https://indiankanoon.org/doc/1727525/

[2] Dilawar Singh vs. State of Delhi Available at https://indiankanoon.org/doc/919369/

Agree Comment 0 Agrees almost 4 years ago

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