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 report is… Continue Reading...


Tagged: supreme court in india  
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