AIR 2006 SUPREME COURT 705 ::2006 SCC(Cri) 460

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): Arijit Pasayat, S. H. Kapadia , JJ

(A) Criminal P.C. (2 of 1974) , S.156, S.202— Investigation by Police - Investigation envisaged in S.156 - Different from investigation under S.202 - Investigation under S.202 is after taking cognisance and is therefore of a limited nature. Section 156 falling within Chap. XII, deals with powers of Police Officers to investigate cognizable offences. Investigation envisaged in s. 202 contained in Chap.XV is different from the investigation contemplated under S. 156 . The investigation contemplated in Chap. XII can be commenced by the police even without the order of a Magistrate. But that does not mean that when a Magistrate orders an investigation under S. 156(3) it would be a different kind of investigation. Such investigation must also end up only with the report contemplated in S. 173. But the significant point to be noticed is, when a Magistrate orders investigation under Chap. XII he does so before he takes cognizance of the offence. But a Magistrate need not order any such Investigation if he proposes to take cognizance of the offence. Once he takes cognizance of the offence he has to follow the procedure envisaged in Chap.XV @page-SC706 of the Code. A reading of S. 202(1) of the Code makes the position clear that the investigation referred to therein is of a limited nature. Such investigation is only for helping the Magis....