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14. To add, because arrest is part of investigation, therefore to determine whether power to control arrest (as above) is available to the Magistrate, the crucial question to be asked is whether in the intervening period - after ordering investigation under Section 156(3) Cr.P.C. and - before submission of a police report under Section 173 Cr.P.C. the Magistrate still retains any jurisdiction to intervene in investigation or not.

15. Section 157(1) requires the police to give information of FIR to the Magistrate before embarking upon investigation. If the police officer decides not to investigate or decides not to visit the scene of occurrence, Section 157(2) requires the police officer to state the reasons therefore in his report to the Magistrate. The report is to be submitted through a superior police officer "without delay" (Section 158 Cr.P.C). Upon such report the Magistrate is empowered by Section 159 Cr.P.C. to direct police investigation or to hold a preliminary inquiry himself or through a subordinate Magistrate. It is necessarily implied that even after the preliminary inquiry the Magistrate can direct police investigation under the said Section 159. Any seizure of any property by police is to be reported "forthwith" to the Magistrate under Section 102. Arrestes are to be reported to the Magistrate along with the accused within 24 hours. Upon a complaint the Magistrate can order police investigation under Section 202. The Magistrate can overrule the charge-sheet or the final report submitted under Section 173 by the police. All these factors indicate that the ultimate control of investigation is with the Magistrate.