9911796707
|
Home
Issues:
1. Whether a magistrate has the power to direct the Central Bureau of Investigation (CBI) to conduct an investigation into any offense? Detailed Analysis: The judgment in question revolves around the issue of whether a magistrate possesses the authority to direct the CBI to conduct an investigation into criminal offenses. The matter has been complicated by conflicting judgments from various High Courts. The appeals before the Supreme Court challenge the decisions of the High Courts of Rajasthan and Delhi, which upheld the orders of certain magistrates directing investigations by the CBI. The crux of the issue lies in interpreting the provisions of the Code of Criminal Procedure, specifically Sections 155, 156, and 202, which deal with the magistrate's powers to order investigations into non-cognizable and cognizable offenses. The Supreme Court emphasizes that Section 156(3) of the Code is relevant for ordering investigations into cognizable offenses, empowering a magistrate to direct the officer in charge of a police station to conduct such investigations. Furthermore, the judgment delves into the definitions of "police station" and "officer in charge of a police station" under the Code, highlighting that the primary responsibility for investigating cognizable cases lies with the police officer in charge of a designated police station. The Court clarifies that while superior police officers can exercise the same powers as the officer in charge of a police station, magisterial orders under Section 156(3) specifically pertain to directing the designated officer to conduct investigations. The judgment also references Section 36 of the Code, which allows superior police officers to exercise powers equivalent to those of the officer in charge within their designated areas. Moreover, the Court addresses the applicability of the Delhi Special Police Establishment Act, particularly Sections 5 and 6, which regulate the jurisdiction of the CBI. It is clarified that the Act does not confer upon magistrates the authority to direct the CBI to conduct investigations under Section 156(3) of the Code. The judgment acknowledges that while the High Courts and the Supreme Court can, in exceptional cases, direct the CBI to investigate offenses under their constitutional powers, magistrates are limited to directing investigations by the police officers in charge of designated police stations. In conclusion, the Supreme Court allows the appeals filed by the CBI, setting aside the orders of the magistrates and the judgments of the High Courts. However, the Court ensures that this decision does not prejudice any ongoing or future investigations by the police stations concerned. Additionally, in a specific case (Criminal Appeal No.1165 of 1998), the Court permits the CBI to take up an investigation based on a magistrate's direction, highlighting the need for specialized agency involvement in certain cases.
|
