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TMI Blog2001 (1) TMI 1008X X X X Extracts X X X X X X X X Extracts X X X X ..... s are filed at the instance of the Central Bureau of Investigation (for short CBI) in challenge of the judgments of the High Courts of Rajasthan and Delhi by which the orders passed by certain magistrates were upheld. It is not necessary to narrate the facts in each case. The common feature in all the appeals is, when a complaint was filed before a magistrate alleging serious offences, he ordered investigation to be conducted by the CBI and on completion of the investigation final report was required to be filed. We may now mention what happened thereafter to one of the cases before us. The CBI challenged the order of the magistrate before the High Court of Delhi contending that the magistrate has no jurisdiction to order the CBI t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be understood as any court. The Division Bench declined to accept the view of the Karnataka High Court (in one of the decisions) that what the Supreme Court meant in Sampat Lals case is the High Court and not any court. It is unnecessary for us to resolve the controversy fomented up with the expression court in Sampat Lal because the question whether a magistrate has the power to direct the CBI to conduct the investigation was not the issue involved in Sampat Lal at all. The fact situation in Sampat Lal was centered on the direction issued by the High Court. That apart, it is not advisable to read more than what is contained in a judgment. For deciding the present question we may refer to the powers of the magistrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r investigation by the CBI in non-cognizable cases cannot be traced in the above provision, it is not possible to trace such power in any other provision of the Code. What is contained in sub- section (3) of Section 156, is the power to order the investigation referred to in sub-section (1), because the words order such an investigation as above-mentioned in sub-section (3) are unmistakably clear as referring to the other sub-section. Thus the power is to order an officer in charge of a police station to conduct investigation. The two expressions police station and officer in charge of a police station have been given separate definitions in the Code. Section 2(o) of the Code defines officer in charge of a police station as under: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocal area to which they are appointed, as may be exercised by such officer within the limits of his station. This means any other police officer, who is superior in rank to an officer in charge of a police station, can exercise the same powers of the officer in charge of a police station and when he so exercises the power he would do it in his capacity as officer in charge of the police station. But when a magistrate orders investigation under Section 156(3), he can only direct an officer in charge of a police station to conduct such investigation and not a superior police officer, though such officer can exercise such powers by virtue of Section 36 of the Code. Nonetheless when such an order is passed, any police officer, superior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the Kerala High Court as per order dated 8.4.1997 in Criminal Appeal No.410 of 1994. The principle involved in the said case would as well be applicable when the magistrate is approached to direct the CBI for conducting the investigation. Section 5 of the Delhi Act enables the Central Government to extend the powers and jurisdiction of members of the Delhi Police Establishment to any area in a State. Section 6 of the Delhi Act says that nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory or railway area, without the consent of the Government of that State. A contention was made befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shment Act, to investigate a cognizable offence committed within a State without the consent of that State Government or without any notification or order having been issued in that behalf. In our view, merely because the issue is referred to a larger Bench everything does not grind to a halt. The reference to the expression court in that order cannot in the context mean the Apex Court for the reason that the Apex Court has been conferred extraordinary powers by Article 142(1) of the Constitution so that it can do complete justice in any cause or matter pending before it. As the present discussion is restricted to the question whether a magistrate can direct the CBI to conduct investigation in exercise of his powers under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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