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HC of DELHI at NEW DELHI

on

2017-01-10
Writ Pet No (CRL) 1253 of 2016J.Mukta GuptaNishu Wadhwa vs Siddharth WadhwaCrPC 156(3)

Magistrate Can’t Order Investigation By SHO Of Police Station Outside His Territorial Jurisdiction : A bare reading of Section 156(3) Cr.P.C. shows that the Magistrate is empowered to direct investigation into the allegation of cognizable offence which he has jurisdiction to enquire into or try if after taking recourse to Sections 154 and 154(3) Cr.P.C., no FIR is registered. If Section 156(3) Cr.P.C. empower the Magistrate to direct the police officer concern to register FIR and investigate the offences alleged, the same would mean all the offences mentioned in the complaint. The police officer who registers FIR and enter into investigation cannot decline to investigate some offences and leave other if on the allegations in the FIR, the same are found to be made out. The veracity of the allegations has to be seen during investigation and at this stage investigation into each of the offences mentioned in the FIR is required to be done. Thus, when a Magistrate on an application under Section 156(3) Cr.P.C. directs that all the offences mentioned in the complaint be investigated into, the Magistrate is not exercising its power illegally or beyond its jurisdiction. No doubt, once certain offences though made out on the face of the complaint are not mentioned in the copy of the FIR, the same cannot be added because there cannot be any tempering in the FIR but on being pointed out and if on the face of it, it is found that the discretion exercised by the investigating officer is contrary to law, the Magistrate would be within its jurisdiction to direct invoking of sections made out in the FIR during course of investigation so that proper investigation thereon can be carried out.
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