STATE OF MAHARASHTRA Vs. IBRAHIM A PATEL

JUDGEMENT

(1.) Heard the learned APP. None present for the respondent, though duly served.

(2.) By the present petition, the petitioner is seeking to quash and to set aside the order passed by the Additional Sessions Judge, mumbai in Criminal Revision Application no. 83 of 2002 on 4th September, 2002 whereby the Additional Sessions Judge has set aside the order dated 18th December, 2001 passed by the Metropolitan Magistrate, mumbai in Case No. 55/misc/2001. The contention of the petitioner is that the Magistrate exercising its power under Section 156 (3) of Criminal Procedure Code cannot direct the State CID to conduct the investigation, and the powers of the Magistrate can be exercised to direct the police officer attached to the Police Station situated within the territorial jurisdiction of the concerned magistrate.

(3.) Placing reliance on the decision of the learned single Judge of Karnataka High court in Narsimhaiah v. State of Karnataka and another, reported in 2002 Cri LJ 4795, the learned APP has stated that the magistrate's power to issue directions to the police authorities to conduct the investigation are in terms of the provisions of law comprised under Section 156 (3) of criminal Procedure Code and both these provisions nowhere empowers the Magistrate to direct the State CID to conduct the investigation. He has also drawn our attention to the decisions of the Apex Court in the matter of Mohd. Yousuf v. Smt. Afaq Jahan and anr, reported in 2006 Cri LJ 788 : (AIR 2006 SC 705) , central Bureau of Investigation through S. P. Jaipur v. State of Rajasthan and another, reported in AIR 2001 SC 668, rakesh Kumar Mishra v. State of Bihar and ors. Reported in 2006 AIR SCW 189 and also H. S. Bains v. The State (Union Territory of Chandigarh, reported in AIR 1980 sc 1883. He has further drawn our attention to the provisions of Manual of Instructions state CID (Crime) Maharashtra and particularly Chapter III thereof. He has further submitted that those provisions could not amount to amend the provisions of criminal Procedure Code and Magistrate will have to function within the provisions of law under the said Code and Magistrate does not possess inherent power, nor is empowered to travel beyond the powers specified under the Code.