Magistrate can order Further investigation after taking Cognizance - Orissa HC

The Orissa High Court has reaffirmed that just when an offence has been adjudicated, judicial magistrates still have the authority to compel further investigation under Section 173(8) of the Code of Criminal Procedure.

In Vinubhai Haribhai Malaviya v. The State of Gujarat, a three-judge bench decision of the Supreme Court from 2019 was cited by a single judge bench led by Chief Justice Dr. S. Muralidhar to clarify the legal position. After the Court overturned several earlier inconsistent rulings, it held,

Thus, it is evident that the Magistrate's authority under Section 156(3) of the CrPC is fairly broad. After all, it is this judicial authority that must be convinced that the police have conducted a legitimate inquiry. According to Article 21 of the Indian Constitution, the Magistrate must have access to all necessary powers, including incidental or implied powers, in order to ensure that a "proper investigation"—defined as a fair and just investigation by the police—takes place. This, of course, includes the authority to order additional investigations after receiving a report under Section 173(2). In fact, even by text, the "investigation" mentioned in Section 156(1) of the Criminal Procedure Code would include all proceedings for the gathering of evidence carried out by a police officer, which would undoubtedly include proceedings by way of further investigation under Section 173(8) of the CrPC. Thus, it is evident that the Magistrate's authority under Section 156(3) of the CrPC is fairly broad. After all, it is this judicial authority that must be convinced that the police have conducted a legitimate inquiry. According to Article 21 of the Indian Constitution, the Magistrate must have access to all necessary powers, including incidental or implied powers, in order to ensure that a "proper investigation"—defined as a fair and just investigation by the police—takes place. This, of course, includes the authority to order additional investigations after receiving a report under Section 173(2). In fact, even by text, the "investigation" mentioned in Section 156(1) of the Criminal Procedure Code would include all proceedings for the gathering of evidence carried out by a police officer, which would undoubtedly include proceedings by way of further investigation under Section 173(8) of the CrPC."

In light of this, the trial court's contested order is hereby reversed. The petitioner's request would be granted as a result of the current ruling, and the magistrate would provide the proper directives regarding further inquiry as per Section 173(8) Cr.P.C."

Manoj Kumar Agarwal vs State of Odisha