Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ashwinkumar (student)     29 May 2013

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?



Learning

 3 Replies

Ravikant Soni (LAWYER IN JAIPUR)     29 May 2013

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

1 Like

Advocate Deepak Gupta (Lawyer)     30 May 2013

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.

1 Like

Sonia Dhamija (Advocate)     30 May 2013

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.)

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register