Investigation – Powers of a Magistrate

In Vinay Tyagi v.Irshad Ali, (2013) 5 SCC 762, it was held as under:

“(1) The Magistrate has no power to direct ‘reinvestigation’ or ‘fresh investigation’ (de novo) in the case initiated on the basis of a police report.

(2) A Magistrate has the power to direct ‘further investigation’ after filing of a police report in terms of Section 173 (6) of the Code.

(3) Neither the scheme of the Code nor any specific provision therein bars exercise of such jurisdiction by the Magistrate. The language of Section 173(2) of Criminal Procedure Code cannot be construed so restrictively as to deprive the Magistrate of such powers particularly in face of the provisions of Section 156(3) and the language of Section 173(8) itself. In fact, such power would have to be read into the language of Section 173(8).

(4) The Criminal Procedure Code is a procedural document, thus, it must receive a construction which would advance the cause of justice and legislative object to be achieved. It does not stand to reason that the legislature provided power of further investigation to the police even after filing a report, but intended to curtail the power of the court to the extent that even where the facts of the case and the ends of justice demand, the court can still not direct the investigating agency to conduct further investigation which it could do on its own.

(6) Whether the Magistrate should direct ‘further investigation’ or not is again a matter which will depend upon the facts of a given case. The learned Magistrate or the higher court of competent jurisdiction would direct ‘further investigation’ or ‘reinvestigation’ as the case may be, on the facts of a given case. Where the Magistrate can only direct further investigation, the courts of higher jurisdiction can direct further, reinvestigation or even investigation de novo depending on the facts of a given case. It will be the specific order of the court that would determine the nature of investigation. Chandra Babu v. State, (2015) 8 SCC 774.

 

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