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of <h1>Supreme Court Explores Legal Nuances of Magistrate's Investigation Powers Under Criminal Procedure Code Section 156(3)</h1> <h3>Shamim Khan Versus Debashish Chakrabarty & Ors.</h3> Shamim Khan Versus Debashish Chakrabarty & Ors. - TMI Summary:The Supreme Court, through Hon'ble Justices C.T. Ravikumar and Rajesh Bindal, addressed a question previously referred to a larger Bench in Manju Surana vs. Sunil Arora & Ors. (2018) 5 SCC 557. The issue is whether a Magistrate, when directing an investigation under Section 156(3) of the CrPC, is 'applying his mind' and thereby 'taking cognizance at that stage.' The Court observed that a prima facie reading of Sections 156(3), 173(2), 190, 200, 202, 203, and 204 CrPC suggests that the Magistrate does not actually take cognizance while ordering investigation and forwarding the complaint. However, respecting judicial discipline and the prior referral, the Court refrained from deciding and ordered the present matter to be tagged with the already referred cases. The Court emphasized the urgency of an early decision on this frequently arising question and directed the Registry to place the matter before the Chief Justice of India for appropriate orders.
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