IMPACT OF SUPREME COURT JUDGEMENT ON POWER OF MAGISTRATE TO ORDER FURTHER INVESTIGATION AT POST COGNIZANCE STAGE

unsettling the settled position of Law that the Magistrate has no power to order further investigation after taking cognizance on police report, a three Judges bench of Supreme Court in case of Vinubhai Haribhai Malviya and others vs State of Gujarat and Another, Crl. Appeal 478-479 of 2017 decided on 16-10-2019 observed that "

that under section 156 (3) Cr.P.C. the magistrate empowered under section 190 Cr.P.C. may order an investigation if facts discloses commission of cognizable offence . The word investigation used in section 156 (3)Cr.P.C. and as defined in section 2 (h) also include the investigation mentioned in section 173(8) Cr.P.C.”

The Court concluded that Magistrate can use the power of section 156(3) read with 173(8) for ordering further investigation at post cognizance stage and  the settled position in case of DL Readdy & Ors vs Narayana Reddy and Others is overruled.

Now  the above decision will affect the criminal justice system in variety of ways.

(1) the informant as well as the accused can file an application for further investigation after submission of charge sheet which will cause delay in the trial and it will also increase the work pressure on the police.

( 2) In case of Final report, informant will pray to the court for further investigation and if ordered and same resulted in the charge sheet,the accused will file an application for further investigation after cognizance is taken by the magistrate.

And the investigation has become an unending process.