STATE Vs. BALARAM SINGH

JUDGEMENT

(1.) THE short point that arises for consideration in this case is whether a Magistrate acting under Section 159 Cr. P. C. has got the power to stop investigation by the police of a cognizable offence while the investigation is already in progress, and to order a magisterial enquiry.

(2.) OPPOSITE party no. 1 was at the relevant time the Sub-Inspector of Police in charge of the Atgarh Police Station and opposite party No. 2 was the Sub inspector of Police in charge of Motor Vehicles in the office of the Superintendent of Police, Cuttack. A first Information Report was lodged against them m the Vigilance Police Station accusing them of having committed offences under Section 161 I. P. C. and Section 5 (2) (41 of the Prevention of Corruption Act, 1947. (Act 2 of 1947) and the investigation was taken up by the Deputy Superintendent of vigilance, Cuttack. While the matter was pending investigation by the Vigilance police, opposite party no, 1 filed an application under Section 159 Cr. P. C. before the Additional District Magistrate (Judl.), Cuttack for staying investigation by the vigilance Police and for directing magisterial enquiry into the case. The learned A. D. M. (Judl.) by his order dated 1-4-67 allowed the application and directed the vigilance Police to stop further investigation and ordered the Sub-divisional magistrate, Atgarh to make magisterial enquiry into the matter. The correctness and legality of this order is challenged by the State,

(3.) CHAPTER XIV of the Code of Criminal Procedure deals with information to the police and their powers to investigate. When an information is given to an Officer in charge of a Police Station of the commission within the limits of such station of a non-cognizable offence, the Police Officer has no power to investigate into that offence without specific orders from a Magistrate (Section 155 Cr. P. C. ). Where, however, information relating to the commission of a cognizable offence is given at a Police Station, the Officer-in-charge of the Station is empowered under Section 156 Cr. P. C. to investigate into it without the orders of a Magistrate, Section 157 cr. P. C, provides that if from the information received or otherwise, an Officer-incharge of a Police Station has reason to suspect the commission of an offence which he is empowered under the Section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report, and shall then proceed in person, or depute one of his subordinate officers to proceed to the spot to investigate the facts and circumstances of the case. Then follow the two provisos. Proviso (a) says that when any information as to the commission of such offence is given against a person by name and the case is not of a serious nature the officer-in-charge of a police Station need not proceed in person or depute a subordinate officer to make investigation on the spot. Proviso (b) says that if it appears to the officer-incharge that there is no sufficient ground for entering on an investigation, he shall not investigate the case. Section 159 which is material for our purpose reads thus: