Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | cognizance of the offence investigation by the police |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 - ss.156(3) and 190 - Government of Maharashtra framed scheme as per which land was to be purchased by the Government and made available to SCs and neo-Buddhists below the poverty line - Appellants while working under the Scheme were involved in execution of sale deeds in favour of the Government of Maharashtra - Complaint against appellants and others alleging that under the said scheme, certain land was purchased from a dead person - Direction of Magistrate to the Police to investigate the matter u/s.156(3) and to submit a detailed report within one month - Challenged - Held: Magistrate before taking cognizance of the offence can order investigation u/s. 156(3) - When a Magistrate receives a complaint he is not bound to take cognizance - If on a reading of the complaint, he finds that the allegations therein disclose a cognizable offence and forwarding of the complaint to the police for investigation u/s. 156(3) will be conducive to justice and save the valuable time of the Magistrate from being wasted in enquiring into a matter which was primarily the duty of the police to investigate, he will be justified in adopting that course as an alternative to taking cognizance of the offence itself - Where a Magistrate orders investigation by the police before taking cognizance u/s.156(3) and receives the report thereupon he can act on the report and discharge the accused or straightaway issue process against the accused or apply his mind to the complaint filed before him and take action u/s. 190- In the instant case, while issuing direction for investigation u/s. 156(3), the Magistrate did not exceed hisĀ· A power nor violated any of the provisions contained in CrPC - Procedure adopted and power exercised by the Magis.trate was acceptable and in accordance with the scheme of CrPC. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 305 |
Petitioner | Madhao And Anr. |
Respondent | State Of Maharashtra And Anr. |
SCR | [2013] 5 S.C.R. 484 |
Judgement Date | 2013-05-03 |
Case Number | 684 |
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