Power of magistrate to direct cb-cid to investigate a case


whether a magistrate is empowered to direct CB-CID to investigate a case under sec 156 of crpc? is there any judgement related to this?

 
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LAWYER IN JAIPUR

no. A magistrate has no power to direct investigation from perticular agency.


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No need of judgement    content of sec156  Cr.P.C is sufficient to quash the magistrate order . Sec 156 mentioned -Any officer in charge of a Police Station.


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Advocate

Under Section 156(3) of Cr.P.C., the power of the magistrate is limited to giving direction only to the officer incharge of the police station (which comes under the jurisdiction of the magistrate) to conduct investigation. He cannot direct investigation by CB-CID or CBI to conduct investigation in a case.

In the case of Central Bureau of Investigation, Jaipur v. State of Rajasthan, AIR  2001 SC 668 : (2001) 3 SCC 333 : 2001 Cri LJ 968, the Supreme Court has held that the magisterial power under section 156(3) of Cr.P.C. cannot be stressed beyond directing the officer incharge of the police station to conduct the investigation. (Note: In this case the Supreme Court held that the magistrate had no power to direct investigation by CBI.)


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