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Monitoring and Supervision of Investigation by a Magistrate - Is it Permissible?

By Nirmal Chopra

Published In

(CRLJ 2008)

In this Article, the writer shall discuss certain questions of public importance pertaining to Section 156, Cr.P.C. and the power of the police to investigate into the commission of a cognizable offence. One of the main question to be discussed shall be as to whether a Magistrate, who exercises his jurisdiction u/S. 156(3), Cr.P.C. and directs the police to conduct the investigation can monitor or supervise it or issue any direction in this regard later on. The power of the police to investigate into the commission of cognizable offence is provided under Chapter XII, Cr.P.C. 1973 with the heading “information to the police and their powers to investigate”. One of the condition precedent of an investigation to be carried out by the police is the registration of an FIR u/S. 154, Cr.P.C. Section 154 reads as follows :— 154. Information is cognizable cases: Every information relating to the commission of a cognizable offence if given orally to an ....

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