Union Of India vs Prakash P. Hinduja & Anr on 7 July, 2003
In Union of India vs. Prakash P. Hinduja and
another 2003 (6) SCC 195 (vide para 13), it has been
observed by this Court that a Magistrate cannot interfere
with the investigation by the police. However, in our
opinion, the ratio of this decision would only apply when a
proper investigation is being done by the police. If the
Magistrate on an application under Section 156(3)
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Cr.P.C. is satisfied that proper investigation has not been
done, or is not being done by the officer-in-charge of the
concerned police station, he can certainly direct the officer
in charge of the police station to make a proper
investigation and can further monitor the same (though he
should not himself investigate)."