Magistrate order an investigation u/s 156 (3) CrPC, CBI?

Section 156 (3) CRPC: Can magistrate order CBI Investigation?

Section 156 (3) CRPC: Can magistrate order CBI Investigation?

on May 19, 2020, Tuesday The Supreme Court dismissed a petition filed by Arnab Goswami, Editor-in-Chief of Republic TV, in which he had sought to transfer his case from the Maharashtra Police to the CBI.

In fact, Goswami had in this petition sought to transfer the investigation of his case to the CBI, doubting the impartiality of the Mumbai Police.

Justice D.Y. Chandrachud and Justice M.R. ". The bench said that transfer of investigation of the case to CBI is not a regular thing. such a transfer is an "extraordinary power" exercised "exceptionally" and "in extraordinary circumstances

It is noteworthy that in India, the CBI has been established as a Special Investigation Agency, and the CBI derives its legal powers from the DSPE (Delhi Special Police Establishment) Act, 1946 to investigate a crime.

In this article we will understand in a limited sense whether a magistrate can order an investigation under Section 156 (3) CRPC, CBI? 

Order of investigation by Supreme Court and High Court

It may be noted that in the case of West Bengal State v. Committee for Protection of Democratic Rights, (2010) 3 SCC 571, Court had observed that the Supreme Court and the High Courts have the authority to order an inquiry into the crime by the CBI, and For this purpose, the consent of the State Government is also not required under Section 6 of the Delhi Special Police Establishment Act, 1946. 

In this case, especially the Supreme Court had observed that since the Supreme Court and the High Court are the defenders of civil liberties, the Supreme Court and all the High Courts have not only the power and jurisdiction to entrust the investigation of a case to the CBI. , But they also have an obligation to do so to protect fundamental rights.

However, Arnab Goswami v Union of India [Writ Petition (Crl) No. 130 of 2020 with Writ Petition (Crl.) Diary No.11189 oof 2020] In light of the judgment it can now be said that the Supreme Court and the High Court can entrust the investigation of a case to the CBI, however, the investigation of a case to the CBI [Regular Investigation Agency (State Police) To] cannot be transferred only because a party has made some allegations against the local police.

Apart from this, the Supreme Court has also made it clear in the case of Arnab Goswami that the accused's displeasure with the way of investigation cannot be the basis for transferring the investigation of the case to the CBI.

It should be noted that an investigative agency has the discretion to give instructions in relation to the investigation, which determines the nature of the question and mode of inquiry. 

This situation was also cleared in the case of P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 24.

Can magistrate order CBI Investigation? 

According to Section 156 (3) of the CrPC, any empowered magistrate may, under Section 190 CrPC, order an officer in charge of a police station to investigate any cognizable offense.

In other words, Section 156 (3) of the Code of Criminal Procedure, empowers a magistrate to direct an officer in charge of a police station to investigate any cognizable case over which such magistrate has jurisdiction.

However, it is a must that when a magistrate orders an investigation under section 156 (3), he can only direct the officer in charge of a police station to do such an investigation and not a senior police officer To.

However, it should be clearly understood here that such a senior police officer can exercise his powers on the basis of Section 36 of the CrPC and can also investigate any such case, to investigate the matter Any officer working under that officer is directed.

Significantly, the Kerala High Court in the case of Kerala State v. Colakkan Musa Haji 1944 Cri LJ 1288 (Ker) and Kuldeep Singh vs State 1994 Cri LJ 2502 (Del), the Delhi High Court had made it clear that, a magistrate, In exercise of its powers under Section 156 (3) of CRPC, the officer in charge of a police station does not have authority to order investigation to any agency other than to direct the investigation 

It may be noted that in the case of Indumati M. Shah v. Narendra Muljibhai Asra 1995 Cri LJ 918, the Gujarat High Court had reiterated that the subordinate court under section 156 (3) Cr.P.C., except as referred to under section 156, any other authority Cannot assign investigation of a case to.

In this case, the magistrate had directed the CBI to investigate a case under Section 156 (3) CrPC. This instruction was considered illegal and unfair by the Gujarat High Court in this case. 

The Karnataka High Court had also made it clear in the case of State of Karnataka v. Thammaiyah 1999 Cri LJ 53 that a magistrate has only the officer in charge of a police station under his jurisdiction under Section 156 (3) of the CrPC. , Has the power to direct it to investigate a matter.

In the same case, the court observed that a magistrate has neither permission nor jurisdiction to direct any police officer outside his jurisdiction, including the COD or CBI.

Further, in the decision of CBI v. State of Rajasthan and others (2001) 3 SCC 333, it was clearly stated by the Supreme Court that a magistrate, in the exercise of his powers under Section 156 (3) of the CrPC, is a police station. Cannot do anything other than to direct the officer in charge of investigation, and no such order can be given by a magistrate to the CBI.

In the light of all these cases, it becomes clear that a magistrate does not have the authority to order an investigation by the CBI, and that is why no such application is ever filed before a magistrate. A magistrate does not have the authority to direct the investigation.

In the same sequence, in the case of CBI v. State of Gujarat, (2007) 6 SCC 156, the Supreme Court has reiterated the above principle that Magistrial power cannot be extended under Section 156 (3) of the CrPC. No such instruction can be given to the CBI, except for directing the inquiry to the officer-in-charge of a police station.

In fact, in the CBI vs State of Gujarat case, a Chief Judicial Magistrate ordered the CBI to investigate a case which was later found to be unfair by the Supreme Court. 

Finally, as is evident from all cases, a magistrate cannot entrust the investigation of a case to the CBI in the exercise of his powers under Section 156 (3) CrPC. He can only order an officer in charge of a police station (within his jurisdiction) to conduct an investigation.