1996 (12) TMI 415 - SC - Indian Laws

Summary

Issues involved: Whether a Judicial Magistrate can order further investigation after taking cognizance of an offence based on a police report and appearance of the accused.

Summary:
1. The Supreme Court examined the issue of whether a Magistrate can order further investigation after taking cognizance of an offence. The Court referred to relevant sections of the CrPC and previous judgments to determine the Magistrate's powers at different stages of a case.

2. The Court discussed the distinction between ordering investigation before and after taking cognizance, citing the Tula Ram case. It was emphasized that after cognizance is taken and the accused appears, the Magistrate does not have the power to order further investigation.

3. The Court considered the decision in Ram Lal Narang case, highlighting that while police can further investigate even after cognizance, it is generally desirable for them to seek court permission. The Court questioned whether the court itself can order further investigation post-cognizance.

4. The Court reviewed the State v. Mehar Singh case where the High Court held that even after cognizance, the court can order further investigation using inherent powers. However, it was noted that inherent powers are saved for the High Court and may not apply to subordinate criminal courts.

5. The Court analyzed the powers of the Magistrate at different stages of a case, noting that while further investigation is permitted before cognizance and during trial, it is not conferred at the intermediate stage post-cognizance.

6. The Court referred to the D. Lakshminarayana case to support the limitations on ordering investigation post-cognizance. The judgment highlighted the distinction between pre and post-cognizance stages in invoking investigative powers.

7. After considering various legal provisions and judgments, the Court concluded that a Magistrate cannot order further investigation post-cognizance. The Magistrate was directed to dispose of the case based on existing materials, with the possibility of police conducting further investigation even after discharge.

8. The Court allowed the appeal, setting aside the Magistrate's order for further investigation and providing guidance on the Magistrate's powers in such situations.