Magistrate's control over police investigation is limited; section 159 cannot stop an ongoing cognizable-offence probe.

A Magistrate has no power under section 159 of the Code of Criminal Procedure to stop an ongoing police investigation into a cognizable offence initiated under section 156. The statutory scheme keeps police investigation independent of judicial control at that stage, while the Magistrate's intervention is confined to cases where the police decline to investigate under section 157. Section 159 therefore permits directions for investigation, or inquiry by the Magistrate, only within that limited context. The Supreme Court affirmed that the High Court was correct, while noting that constitutional relief may still be available if an investigation is shown to be mala fide.

---

---

Issues: Whether a Magistrate, on receiving a police report under the Code of Criminal Procedure, could stop an ongoing police investigation into a cognizable offence and instead direct a preliminary inquiry by the Court.

Analysis: The statutory scheme distinguishes between the police power to investigate cognizable offences and the Magistrate's limited supervisory role. Section 156 empowers the police to investigate cognizable cases without judicial authorization, while section 157 contemplates a report to the Magistrate when investigation begins or is declined in the limited situations covered by its proviso. Section 159 was construed as enabling the Magistrate to direct an investigation or, if he thinks fit, proceed himself only in the class of cases where the police have chosen not to investigate under section 157. The language of section 159 was held not to confer any power to halt an investigation already undertaken by the police under section 156. The scheme leaves the police investigation independent of Magistrate control, though an aggrieved person may seek constitutional relief if the investigation is shown to be mala fide.

Conclusion: The Magistrate had no jurisdiction under section 159 to stop the police investigation; the High Court's view was correct.

Final Conclusion: The statutory framework preserves police autonomy in investigating cognizable offences and limits Magistrate intervention to the situations expressly contemplated by the Code.

Ratio Decidendi: Section 159 of the Code of Criminal Procedure does not authorize a Magistrate to stop an ongoing police investigation into a cognizable offence initiated under section 156; Magistrate intervention is confined to the limited cases where the police decline to investigate under section 157.

---