Magistrate has no power to direct CBI to probe an offence — SC

Under the provisions of law, the magisterial power cannot be streched beyond “directing the officer-in-charge of a police station to conduct the investigation”.

The question of magistrate’s power to direct CBI for an investigation of an offence was compounded with divergent verdicts pronounced by different high courts and these appeals were filed before the apex court challenging the orders of the Delhi and Rajasthan High Courts.

CBI had challenged orders of some magistrates before the High Courts contending that the magistrate had no power to order the agency to conduct probe at least without obtaining consent of the state government, which has the authority to issue such directions.

While deciding the issue, the court examined relevant Section 156 of the CrPC by which a magistrate can direct for investigation of a cognizable offence and came to a conclusion that “the power is to order an officer-in-charge of a police station to conduct the investigation”.

The court said that the primary responsibility for conducting investigation into a cognizable offence vests with the officer-in-charge of a police station and section 156 (3) of the CrPC empowers a magistrate to direct such officer to probe the case over which he has the jurisdiction.

The bench also made it clear that the magistrate cannot direct a police officer above the rank of an officer-in-charge though the superior police officer can exercise his power to conduct investigation into the same case.

A contention was made before the court that when the state government gives consent for the CBI to investigate an offence within the state, it would be permissible for the magistrate to direct the agency to conduct such an inquiry.

But the court said that provisions of the Delhi Special Police Establishment Act, 1946, following which CBI was created, do not confer any power on the magistrate to order CBI to conduct investigation in exercise of Section 156(3) of the CrPC.

The court, however, in one of the appeals directed CBI toprobe the circumstances leading to the death of biscuit tycoon Rajan Pillai in a city hospital in July 1995.

Earlier, former Chief Metropolitan Magistrate Prem Kumar had directed the CBI to probe the case in view of internal ramifications. But this was challenged by CBI in Delhi High Court.