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Magistrate has power to monitor during investigation and probe : Allahabad High Court

The issue whether magistrate can monitor an investigation or probe into a criminal case where a party was aggrieved by the manner of investigation or probe was decided upon by the division bench of Allahabad High Court consisting of Justice Anjani Kumar Mishra and  Justice Deepak Verma in the matters between Satyaprakash v. State of Uttar Pradesh and Other CRIMINAL MISC. WRIT PETITION No. – 23 of 2022 decided on 20.1.2022

The facts of the case were a petition was filed seeking directions to the respondent authorities to conduct a fair investigation of a criminal case under Sections 363, 366 of the IPC and whether the suspects have been arrested or whether any criminal complaint has been made against them as the petitioner was aggrieved from the manner of conducting the investigation.

The counsel on behalf of the petitioner contended that the police acted in collusion with the suspects and that the suspects had not been arrested and  yet no charges had been brought against the accused persons.Undoubtedly, the petitioner was a victim of the manner in which the investigation said to have been carried out against the private respondent.

The judgement text does not mention any arguments made out by a counsel on behalf of the respondent.

The Allahabad High Court held that Magistrate has the power to ‘monitor’ an investigation under section 156(3) of CrPC and a person injured by a police investigation can move the Magistrate to follow up on the investigation. Dismissing the present petition, the Supreme Court granted the petitioner the freedom to exercise the jurisdiction of the Magistrate available under the CRPC in the light of the law laid down by the Supreme Court.Citing various judgements like in Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage (2016) 6 SCC 277Sakiri Vasu v. State of Uttar Pradesh (2008) 2 SCC 409,  and M Subramaniam and another v. S Janaki and Anr, the court laid  that section 156 (3) is broad enough to include all these powers required of a Magistrate. It includes the authority to provide an appropriate investigation and, if the Magistrate is satisfied that a proper investigation has not been or has not been made by the police, to order an FIR registration and to order an appropriate investigation. The court opined that although succinctly stated, section 156 (3) of the CrPC is very broad and will include all incidental powers necessary to ensure a proper investigation.

Click here to read the judgement

Judgement reviewed by Bhaswati Goldar

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