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1 - 8 of 8 (0.20 seconds)Sakiri Vasu vs State Of U.P. And Others on 7 December, 2007
In view of the settled position in Sakiri
Vasu case, the impugned judgment of the High
Court cannot be sustained and is hereby set aside.
The Magistrate concerned is directed to ensure
proper investigation into the alleged offence under
Section 156(3) CrPC and if he deems it necessary,
he can also recommend to the SSP/SP concerned a
change of the investigating officer, so that a
proper investigation is done. The Magistrate can
also monitor the investigation, though he cannot
himself investigate (as investigation is the job of
the police). Parties may produce any material they
wish before the Magistrate concerned. The
learned Magistrate shall be uninfluenced by any
observation in the impugned order of the High
Court."
Article 226 in Constitution of India [Constitution]
Section 190 in The Code of Criminal Procedure, 1973 [Entire Act]
M. Subramaniam vs S. Janaki on 20 March, 2020
In a recent decision in the case of M.
Subramaniam v. S. Janaki, reported in (2020) 16 SCC
728, the Apex Court has observed as under:-
The Code of Criminal Procedure, 1973
Mohd. Yousuf vs Smt. Afaq Jahan & Anr on 2 January, 2006
12. Thus in Mohd. Yousuf v. Afaq Jahan
this Court observed: (SCC p. 631, para 11)
"11. The clear position therefore is that
any Judicial Magistrate, before taking
cognizance of the offence, can order
investigation under Section 156(3) of the
Code. If he does so, he is not to examine
the complainant on oath because he was
not taking cognizance of any offence
therein. For the purpose of enabling the
police to start investigation it is open to
the Magistrate to direct the police to
register an FIR. There is nothing illegal in
doing so. After all registration of an FIR
involves only the process of entering the
substance of the information relating to
the commission of the cognizable offence
in a book kept by the officer in charge of
the police station as indicated in Section
154 of the Code. Even if a Magistrate
does not say in so many words while
directing investigation under Section
156(3) of the Code that an FIR should be
registered, it is the duty of the officer in
charge of the police station to register the
FIR regarding the cognizable offence
disclosed by the complainant because
that police officer could take further steps
contemplated in Chapter XII of the Code
only thereafter."
State Of Bihar And Anr vs J.A.C. Saldanha And Ors on 13 November, 1979
16. 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
reopening of the investigation even after the police
submits the final report, vide State of Bihar v.
J.A.C. Saldanha (SCC : AIR para 19).
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