Lawstreet Journal

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

Lawstreet Journal 17 Oct 2019 2:25pm

Image courtesy: Lawstreet Journal Judiciary 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… Continue Reading...

Tagged: supreme court in india  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0

C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail