investigation

Ladhu Ram Chowdhary (Querist) 02 June 2008 This query is : Resolved
whether Magistrate has power to driect the investigation by C.B.I.?

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amit gupta_lawyer (Expert) 02 June 2008
under sec 166A CRPC the provision is given to investigating officer to take help of competent authority.
[166A. Letter of request to competent authority for investigation in a country or place outside India.

(1) Notwithstanding anything contained in this Code, if, in the Course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue letter of request to a court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and Circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the court issuing such letter.

(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.

(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Chapter.

1. Ins. by Act 10 of 1990, sec. 2 (w.e.f. 19-2-1990).

H. S. Thukral (Expert) 02 June 2008
No. Magistrate does not have a power to order investigation by CBI. In fact a Delhi court had ordered such an inquiry which was not approved by the Supreme Court. The matter is under consideration before SC in in several SLP whether even High Court can order such inquiry. As per Delhi Special Police Establishment Act, consent of State Government is necessary before the Central Government orders such inquiry.

Guest (Expert) 03 June 2008
Mr. Harbhajan's views appear to be right. Magistrate stands on different footing, he can only investigate matters for which a charge has already been made and to personally know or decide the issue, he may investigate. But he cannot recommend or request CBI to do it.

In that case, CBI will be equivalent to a police station.

H. S. Thukral (Expert) 03 June 2008
I HAVE ATTENDED TO ANOTHER QUERY PUT BY SHRI CHOWDHARY, ADVOCATE UNDER THE TITLE AGGRIEVED PERSON. I WOULD REQUEST MY LD. FRIENDS MR. AMIT GUPTA AND MR. KOTRESH TO ALSO REFER TO SAME IN THIS CONNECTION.