INTRODUCTION
In our legal system, we have many bodies and officer in our working government and our constitution mentions each body and officer’s power to exercise and their jurisdiction limits to act. Everyone must not violate their jurisdiction limits and not intervenes in other’s work and must not stop other officer from doing their duty by their power. In this case dispute arises between the Magistrate and police officer regarding intervention of Magistrate in police investigation.
| Case Name | S. N SHARMA VS BIPEN KUMAR TIWARI &ORS |
| Citation | AIR 1970 SC 786 |
| Date of Judgement | 10-03-1970 |
| Jurisdiction | SUPREME COURT OF INDIA |
| Case No | CRIMINAL WRIT PETITION |
| Case Type | CRIMINAL WRIT PETITION 256 of 1969 |
| Petitioner | S.N SHARMA |
| Respondent | BIPEN KUMAR TIWARI & ORS |
| Bench | MR.JUSTICE BHARGAVA, MR.JUSTICE VISHISHTHA |
| Acts and section involved | THE CODE OF CRIMINAL PROCEDURE, 1973 Section 159 Section 157 Section 156 Section 190 Section |
FACTS OF THE CASE
The appellant appeal by special leave from the judgement and order dated on January 15, 1969 by High court of Allahabad.
A report submitted by Vijay shaken Negam in police station contonment, Gorakhpur regarding the incident happened at 7:00pm on 10th April 1968 in front of his house. The report stated that Bipen Kumar Tiwari was attacked by some goondas and also stabbed him by knife and even Vijay shaken Negam had some injuries. In that report name of S.N Sharma, Additional District Magistrate (Judicial), Gorakhpur who is appellate here, mentioned and allegations made against him that attempt to murder Sharma. And later police registered case by the report and started investigation.
On 13th April 1968, Appellant files application to judicial magistrate which having jurisdiction to take cognizance of offences and stated alleging fasle report on him, held that preliminary enquiry can be conducted by court itself under section 159 of code of criminal procedure, 1973. By hearing both parties, magistrate order to stop police investigation under 159 of code of criminal procedure. On 2nd may 1968, application filed in Allahabad high court to dismiss the magistrate order on the ground that he doesn’t have any jurisdiction under section 561A of code of criminal procedure.
On 15th Jan 1969 High court quashed the order of judicial magistrate. The High court of Allahabad held only at 2 circumstances, Magistrate have power to Investigate, if police officer decided not to investigate or by recieving report from police officer, magistrate can direct investigation “If he thinks fit” or depute any magistrate subordinate to him to proceed to hold preliminary inquiry or to dispose it. At last it is stated that the police of Gorakhpur have Liberty to do investigation and submit the report of it to magistrate, after it case can proceed by magistrate.
ISSUES OF THE CASE
- Whether the Judicial Magistrate has power to stop investigation of police under section 159 of code of criminal procedure?
- Whether the order of Allahabad High court is justified?
CONTENTIONS OF THE PETITIONER
- Petitioner challenged the order of High court in this appeal brought up by special leave.
- Petitioner held section 159 of code of criminal procedure should be interpreted in wide manner to permit Magistrate to hold enquiry or to dispose it even if the report submitted by the police under section 157 of code of criminal procedure.
- Appellant stated that Narrow interpretation of section 159 of code of criminal procedure will lead any person at mercy of police, who are harassing and making false report.
CONTENTIONS OF THE RESPONDENT
- The respondent held that appellant himself a judicial officer working as Additional District Magistrate, so moving magistrate accordingly on ground that police alleged case against him.
ORDER OF THE COURT
- The court held that section 159 of code of criminal procedure, stated Magistrate doesn’t have any power to stop investigation of police on recieving the report…
- The dower of police to investigate any cognizable offence is uncontrolled by Magistrate.It is stated that Magistrate can’t take investigation if report shows investigation by police is going on.
- Magistrate can direct investigation only when police decides not to investigate the case under the proviso of section 157(1) of code of criminal procedure and “if he thinks fit” or Deputy any Magistrate subordinate to him fro proceeding preliminary enquiry.
- The court held that section 156(3) of code of criminal procedure, gives power to magistrate to take cognizance offence investigation under section 190, but it has no power to stop the investigation of police.
- In Crown vs Mohammed Sadia Naiz AIR 1949 and Pancham Singh vs The State AIR 1967 and King Emperor vs. Khwaja Nazir Ahmad 71 IA 203 case held thatcode of criminal procedure give police and Power to investigate all type of cases, where any cognizable offence has been committed.
- Incase if any police provided false report of cognizable offence against any person, a writ of mandamus will issue by High court to restrain police officer from his legal powers.
- The code of Criminal procedure doesn’t have any provision regarding power given to magistrate to stop investigation by the police. The Supreme Court upheld the decision of High court and appeal dismissed.
- CONCLUSION:
By this judgment it is clear that every bodies and officer have particular duty and rights to do, no one have right intervened other officers duty or stop their work. As higher official Magistrate doesn’t have power to limit police officer duties. Our constitution framed restrictions and imposed limitations to avoid conflict arise between them.
- REFERENCE:
- https://indiankanoon.org/doc/644972/
This article is written by Rubini B. of Satyabhama Institute of Science & Technology, an intern under Legal Vidhiya
