Allow Cookies!
By using our website, you agree to the use of cookies
At Pre-Cognizance Stage of crime, it is the duty of Police officer to submit a report upon completion of investigation before the magistrate. The magistrate under its power under Section 173(2)(i) of the CrPC, can either (1) Accept the report and take cognizance of the offence and issue process, or (2) Disagree with the police report and drop the proceedings or (3) May direct further investigation under Section 156(3) of the code under which the police has to make a further report. However, as the Section mentions this power of Magistrate can be exercised upon submission of the report by the officer in charge which is called as the “pre-cognizance stage”.
In an appeal filed before the Apex Court, by accused where the magistrate passed an order of discharge of the accused, and thereafter also ordered for further investigation and directed the investigating officer(I.O.) to submit the report. The order of Magistrate was questioned by the accused by the divisional bench of Justice L. Nageswara Rao and Justice MR Shah.
In the current matter the Hon’ble Supreme Court observed that “If the Magistrate was not satisfied with the investigation carried out by the I.O. and the report submitted then under Section 173(2) (i) of the CrPC, it was always open/permissible for the Magistrate to direct the investigating agency for further investigation.”
However, as in the present factual matrix as the learned Magistrate, on the basis of the report and the materials placed along with the report, has taken the decision to discharge the accused. Thereafter, the Magistrate cannot suo moto order for further investigation from the investigating agency. “Once the order of discharge is passed, thereafter the Magistrate has no jurisdiction to suo moto direct the investigating officer for further investigation and submit the report"
The SC for describing the alternate remedy available in the present matter suggested that it is always open for the I.O. to apply for further investigation, even after forwarding the report or at any stage after the discharge of accused. However, In the instant case as the investigating authority did not apply for further investigation and that the learned Magistrate suo moto passed an order for further investigation. Such a course of action is beyond the jurisdictional competence of the Magistrate. “Therefore, that part of the order passed by the learned Magistrate ordering a further investigation after discharging the accused cannot be sustained and the same deserves to be quashed and set aside. "
86540
103860
630
114
59824