New Delhi, Dec 1 The Delhi High Court has said that magistrates must exercise discretion and not mechanically issue directions for police investigation under Section 156(3) of the Code of Criminal Procedure (CrPC).
Justice Rajnish Bhatnagar said that the decision to order a police investigation should be a thoughtful one, considering the specifics of each case.
Section 156(3) of CrPC empowers Magistrates under Section 190 to instruct a police investigation.
The court was dealing with a case involving a man seeking the registration of an FIR against his neighbours, alleging fraud.
Despite the petitioner's plea, the Metropolitan Magistrate and the Sessions Judge upheld the decision to deny a police investigation.
Justice Bhatnagar, in rejecting the plea, noted that the petitioner possessed the facts and evidence required for inquiry under Section 200 of CrPC.
He clarified that a magistrate is not obligated to order a police investigation merely because the complaint outlines elements of a cognisable offence. Depending on the circumstances, the magistrate may deem it sufficient for the complainant to prove the allegations without police assistance.
In such instances, the magistrate can proceed under Section 200 of the CrPC, examining witnesses presented by the complainant.
The court concluded that no compelling circumstances were presented to warrant the exercise of extraordinary jurisdiction under Section 482 of the Cr.P.C. or Article 226 of the Constitution, as it affirmed the validity of the lower courts' decisions.
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