TaxTMI 
TaxTMI 
2015 (7) TMI 1226
X X X X Extracts X X X X
X X X X Extracts X X X X
....m Police Station, upon which Crime No. 119/2007 was registered u/s 147, 148, 341, 324, 323 and 307 of Indian Penal Code (IPC). The informant had alleged that on 05.06.2007 about 2 p.m., Manikandan, Jegan, Murugan, Vijayan, Sunil and some others attacked him with 'Vettu Kathi', knife and iron rod and in the said attack he sustained multiple injuries. The motive behind the assault, as per the FIR, was due to business rivalry that existed between the appellant and Manikandan, as both are contractors. The Inspector of Police, Kulasekaram Police Station conducted the initial investigation and subsequently the case was transferred to the District Crime Branch Police, Kanyakumari and thereafter, the Inspector of Police, District Crime Branch filed a final report before the learned Judicial Magistrate, Padmanabhapuram stating that the case was a mistake of fact. The learned Judicial Magistrate on intimation to the informant accepted the final report. 4. In the meantime, the appellant had filed a protest petition dated 5.1.2009 forming the subject matter of Crl. M.P. no. 1974/2009 on the file of the learned Judicial Magistrate praying therein to direct CBCID to re-open the case and file a ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s arriving at a finding of whether the case is one calling for further proceedings against the accused or otherwise, be left to the judicial discretion of another Court. Accordingly, the Judicial Magistrate, Padmanabhapuram, is directed to forward all records pertaining to Crime no. 119 of 2007 on the file of the respondent police to the Court of the Chief Judicial Magistrate, Nagercoil within a period of two weeks from the date of receipt of a copy of this order. The Chief Judicial Magistrate, Nagercoil is in turn directed to consider the 173 report as also the materials, hear both the public prosecutor and the de-facto complainant who has filed the protest petition and pass orders in accordance of law." 7. After the remit, the Chief Judicial Magistrate, Nagercoil, took up the case for further enquiry. The Court after hearing both the appellant and the Assistant Public Prosecutor came to the conclusion that the investigation by the Inspector of Police, District Crime Branch had been conducted in a biased manner and the said authority had laboured hard to save the accused persons and hence, the final report submitted by the investigating officer was not acceptable. Thereafter, it ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n support of the decision of the High Court has submitted that the learned Magistrate has no power for directing reinvestigation, and hence, the order passed by the High Court is absolutely impregnable. It is also his submission that when a protest petition is filed and it has been directed to be treated as a private complaint, the appellant, in no manner, is prejudiced and, therefore, there is no warrant for interference in this appeal. 12. First, we shall dwell upon the issue whether the High Court, in exercise of the revisional jurisdiction, should have adverted to the merits of the case in extenso. As the factual matrix would reveal, the learned Single Judge has dwelled upon in great detail on the statements of the witnesses to arrive at the conclusion that there are remarkable discrepancies with regard to the facts and there is nothing wrong with the investigation. In fact, he has noted certain facts and deduced certain conclusions, which, as we find, are beyond the exercise of revisional jurisdiction. It is well settled in law that inherent as well as revisional jurisdiction should be exercised cautiously. Normally, a revisional jurisdiction should be exercised on a question....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ew that no case has been made out against an accused, the Magistrate can apply his mind independently to the materials contained in the police report and take cognizance thereupon in exercise of his powers under Section 190(1)(b) CrPC." The said principle was followed by another two-Judge Bench in Moti Lal Songara v. Prem Prakash (2013) 9 SCC 199. 15. In Dharam Pal v. State of Haryana (2014) 3 SCC 306, the Constitution Bench, while accepting the view in Kishun Singh v. State of Bihar (1993) 2 SCC 16, has held thus:- "35. In our view, the Magistrate has a role to play while committing the case to the Court of Session upon taking cognizance on the police report submitted before him under Section 173(2) CrPC. In the event the Magistrate disagrees with the police report, he has two choices. He may act on the basis of a protest petition that may be filed, or he may, while disagreeing with the police report, issue process and summon the accused. Thereafter, if on being satisfied that a case had been made out to proceed against the persons named in column 2 of the report, proceed to try the said persons or if he was satisfied that a case had been made out which was triable by the Cour....
X X X X Extracts X X X X
X X X X Extracts X X X X
...., or (2) he may disagree with the report and taking the view that there is sufficient ground for proceeding further, take cognizance of the offence and issue process, or (3) he may direct further investigation to be made by the police under sub-section (3) of Section 156. Where, in either of these two situations, the Magistrate decides to take cognizance of the offence and to issue process, the informant is not prejudicially affected nor is the injured or in case of death, any relative of the deceased aggrieved, because cognizance of the offence is taken by the Magistrate and it is decided by the Magistrate that the case shall proceed. But if the Magistrate decides that there is no sufficient ground for proceeding further and drops the proceeding or takes the view that though there is sufficient ground for proceeding against some, there is no sufficient ground for proceeding against others mentioned in the first information report, the informant would certainly be prejudiced because the first information report lodged by him would have failed of its purpose, wholly or in part. Moreover, when the interest of the informant in prompt and effective action being taken on the first infor....
X X X X Extracts X X X X
X X X X Extracts X X X X
....dgments of this Court, a view has been advanced, [amongst others in Reeta Nag v. State of W.B (2009) 9 SCC 129, Ram Naresh Prasad v. State of Jharkhand (2009) 11 SCC 299 and Randhir Singh Rana v. State (Delhi Admn.) (1997) 1 SCC 361 that a Magistrate cannot suo motu direct further investigation under Section 173(8) of the Code or direct reinvestigation into a case on account of the bar contained in Section 167(2) of the Code, and that a Magistrate could direct filing of a charge-sheet where the police submits a report that no case had been made out for sending up an accused for trial. The gist of the view taken in these cases is that a Magistrate cannot direct reinvestigation and cannot suo motu direct further investigation. 38. However, having given our considered thought to the principles stated in these judgments, we are of the view that the Magistrate before whom a report under Section 173(2)of the Code is filed, is empowered in law to direct "further investigation" and require the police to submit a further or a supplementary report. A three-Judge Bench of this Court in Bhagwant Singh has, in no uncertain terms, stated that principle, as aforenoticed. [pic] 39. The contrar....
X X X X Extracts X X X X
X X X X Extracts X X X X
....urt can still not direct the investigating agency to conduct further investigation which it could do on its own." 19. We have reproduced the conclusion in extenso as we are disposed to think that the High Court has fallen into error in its appreciation of the order passed by the learned Chief Judicial Magistrate. It has to be construed in the light of the eventual direction. The order, in fact, as we perceive, presents that the learned Chief Judicial Magistrate was really inclined to direct further investigation but because he had chosen another agency, he has used the word "reinvestigation". Needless to say, the power of the Magistrate to direct for further investigation has to be cautiously used. In Vinay Tyagi (supra) it has been held: "The power of the Magistrate to direct "further investigation" is a significant power which has to be exercised sparingly, in exceptional cases and to achieve the ends of justice. To provide fair, proper and unquestionable investigation is the obligation of the investigating agency and the court in its supervisory capacity is required to ensure the same. Further investigation conducted under the orders of the court, including that of the Magist....