GANESH DASS Vs. STATE OF KERALA

JUDGEMENT

(1.) This matter has been referred to the Division Bench for determining the legal position in view of the conflicting views in respect of interpretation of Section 156(3) of the Code of Criminal Procedure which empowers the Magistrate to direct the police to undertake the investigation. The question arose in the following circumstances :-

(2.) A complaint was filed before the Judicial Magistrate Ist Class, Sirsa, under Section 498-A, 406 and 506 I.P.C. On receipt of the said complaint, the Judicial Magistrate passed the following order :-

(3.) Before we proceed to consider different rulings on the issue, it would be convenient to take a resume of the legal provisions. Section 156 Cr. P.C. consists of three clauses. First clauses pertains to the powers of the police officer to investigate a cognizable case without an order from the Magistrate. The second clause provides that the proceedings of the police officer in such case shall not be questioned on the ground that such officer was not empowered under that Section to investigate. We are mainly concerned with the third Clause which may be reproduced as follows :-