Magistrate has the power to monitor Investigation

The High court of Allahabad reiterating the observations of the Hon’ble Supreme Court has held that the Magistrate can monitor investigation.

One of the cases is titled T.C. Thangaraj vs. V. Engammal, (2011) 12 SCC 328 : (2012) 1 SCC (Cri) 568, wherein the following obeserved by the Hon’ble supreme court of India:

“12. It should also be noted that Section 156 (3) of the Code of Criminal Procedure provides for a check by the Magistrate on the police performing their duties and where the Magistrate finds that the police have not done their duty or not investigated satisfactorily, he can direct the police to carry out the investigation properly, and can monitor the same.

the Hon’ble Supreme Court in M.Subramaniam and another Vs. S.Janaki and another, 2020 SCC online S.C. 341 affirmed the view taken by the Supreme Court in Sakiri Vasu Vs. State of Uttar Pradesh (supra) and held as under:

“17. In our opinion Section 156 (3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156 (3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation.”

Now it is ample clear that in case the investigating agency is not conducting a fair and impartial investigation then the court can always monitor and supervise the investigation.

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