Magistrate's power under criminal procedure law does not extend to directing a CBI investigation.

Section 156(3) of the Code of Criminal Procedure empowers a magistrate only to direct investigation by the officer in charge of a police station under Section 156(1), and this power does not extend to ordering the CBI to investigate. The definitions of "officer in charge of a police station" and "police station", together with Section 36, indicate that superior police officers may exercise similar powers, but they do not enlarge the magistrate's authority. A direction to the CBI may be issued by the High Court under Article 226 or by the Supreme Court under Articles 32 and 142(1), not by a magistrate. Sections 5 and 6 of the Delhi Special Police Establishment Act do not confer such power.

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Issues: Whether a magistrate can, in exercise of power under Section 156(3) of the Code of Criminal Procedure, 1973, direct the Central Bureau of Investigation to investigate an offence.

Analysis: Section 156(3) empowers a magistrate to order the investigation mentioned in Section 156(1), which is an investigation by the officer in charge of a police station. The definitions of "officer in charge of a police station" and "police station" in Section 2 of the Code, together with Section 36, show that superior police officers may exercise the same powers as the officer in charge, but that does not enlarge the magistrate's own power under Section 156(3). The provision cannot be stretched to authorize a direction to the CBI. The power to direct the CBI to investigate may, in appropriate cases, be exercised by the High Court under Article 226 or by the Supreme Court under Articles 32 and 142(1) of the Constitution, but not by a magistrate under Section 156(3). Sections 5 and 6 of the Delhi Special Police Establishment Act, 1946 do not confer such magisterial power.

Conclusion: A magistrate has no power under Section 156(3) of the Code of Criminal Procedure, 1973 to direct the CBI to investigate; the appeals were allowed and the impugned orders were set aside.

Ratio Decidendi: The power under Section 156(3) is limited to directing investigation by the officer in charge of a police station, and does not extend to ordering investigation by the CBI.

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