2001 (1) TMI 1009 - SC - Indian Laws

Summary

Issues:
1. Does a magistrate have the power to direct the Central Bureau of Investigation (CBI) to conduct an investigation into any offense?

Analysis:
The Supreme Court addressed the question of whether a magistrate has the authority to order the CBI to conduct an investigation into offenses. The issue arose due to conflicting judgments by different High Courts. Some High Courts, like Rajasthan and Delhi, affirmed the magistrate's power to direct CBI investigations, while others, like Gujarat and Karnataka, denied such authority. The appeals were filed by the CBI challenging the judgments of the High Courts of Rajasthan and Delhi, which upheld the magistrates' orders for CBI investigations.

The Court examined the relevant provisions of the Code of Criminal Procedure (CrPC) to determine a magistrate's power to order investigations. Section 156 of the CrPC deals with investigations into cognizable offenses and empowers a magistrate to direct the officer in charge of a police station to conduct such investigations. The Court emphasized that a magistrate's authority is limited to ordering the officer in charge of a police station to investigate, as per the CrPC.

The Court also discussed the provisions of the Delhi Special Police Establishment Act, which governs the CBI's jurisdiction. It clarified that Sections 5 and 6 of the Act do not confer power on a magistrate to order CBI investigations under Section 156(3) of the CrPC. The Court highlighted that while High Courts and the Supreme Court can direct CBI investigations under specific circumstances, a magistrate's power is restricted to ordering investigations by the police officer in charge of a police station.

In a specific case mentioned, the Court allowed the CBI to investigate a case previously directed by a magistrate to the police station officer. The Court emphasized the need for specialized agencies like the CBI to handle certain investigations but reiterated that a magistrate's authority is limited to ordering police station officers to conduct investigations under Section 156(3) of the CrPC.

Ultimately, the Court allowed the appeals filed by the CBI, setting aside the orders of the magistrates and the judgments of the High Courts. However, the Court clarified that this decision would not hinder any ongoing or future investigations by the police stations concerned. The Court also directed the CBI to investigate a specific case previously directed by a magistrate to the police station officer, emphasizing the need for specialized agency involvement in certain cases.