Magistrate not empowered to direct CID to investigate: HC

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Mumbai, Jan 16 (UNI) Commenting that the law empowers metropolitan magistrates to direct police to carry out investigations only within their territorial jurisdiction, the Bombay High Court has ruled that a metropolitan magistrate cannot direct the State CID to conduct investigations in any matter.

''A Magistrate does not enjoy inherent power like High Court and his powers are specified under the Code of Criminal Procedure and limited to his teritorial jurisdiction,'' a division bench comprising Justices R M S Khandeparkar and A A Sayyad ruled while deciding an appeal filed by State CID.

A metropolitan court in Mumbai had directed the CID to investigate complaints of an accused Ibrahim Patel against police officers for his ''illegal arrest and detention''. The CID had moved the High Court when a sessions court set aside the order but asked the magistrate to ''refer'' the matter to CID for investigation.

Section 156(3) of the CrPC empowers a magistrate to direct only officer-in-charge of the police station within his territorial jurisdiction to investigate any cognisable case, high court has ruled. Citing a ruling of the Supreme Court, the judges noted that the provisions of law reveal that a magistrate cannot issue directions for investigation by the police officer of a police station situated beyond the territorial jurisdiction of his court.


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