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Issues: (i) Whether a Magistrate can direct the Central Bureau of Investigation to investigate a cognizable offence under Section 156(3) of the Code of Criminal Procedure, 1973. (ii) Whether the consent of the State Government under the Delhi Special Police Establishment Act, 1946 enables a Magistrate to issue such a direction.
Issue (i): Whether a Magistrate can direct the Central Bureau of Investigation to investigate a cognizable offence under Section 156(3) of the Code of Criminal Procedure, 1973.
Analysis: The power under Section 156(3) is confined to ordering the investigation referred to in Section 156(1), namely an investigation by the officer in charge of a police station. The definitions of police station and officer in charge of a police station in the Code show that the statutory scheme contemplates a police officer attached to the police station, and Section 36 only permits superior officers to exercise the same powers as the officer in charge; it does not enlarge the Magistrate's power. The magistrate's authority cannot be stretched to direct the CBI, or any superior police officer as such, under Section 156(3).
Conclusion: The answer is in the negative. A Magistrate has no power under Section 156(3) to direct the CBI to investigate.
Issue (ii): Whether the consent of the State Government under the Delhi Special Police Establishment Act, 1946 enables a Magistrate to issue such a direction.
Analysis: Sections 5 and 6 of the Delhi Special Police Establishment Act, 1946 deal with the extension of the CBI's powers and the requirement of State consent for exercise of jurisdiction in a State. They do not confer any independent power on a Magistrate to order a CBI investigation under Section 156(3) of the Code. Directions to the CBI may, in appropriate cases, be issued by constitutional courts in exercise of their extraordinary jurisdiction, but not by a Magistrate under the Code.
Conclusion: The answer is in the negative. State consent does not authorize a Magistrate to direct a CBI investigation under Section 156(3).
Final Conclusion: The impugned orders and judgments directing the CBI investigation were set aside, while the Court separately directed the CBI to investigate one identified FIR in exercise of its own powers. The ruling confines a Magistrate's investigatory direction to the statutory scheme of the Code and leaves CBI directions to the proper constitutional or statutory source.
Ratio Decidendi: A Magistrate's power under Section 156(3) of the Code of Criminal Procedure, 1973 is limited to directing investigation by the officer in charge of a police station and does not extend to directing the CBI to investigate; such a direction, if otherwise warranted, must rest on independent constitutional or statutory authority.
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