The Supreme Court sets aside the Judgment of a High Court wherein it was held that the Magistrate is not authorized to issue further investigation at post cognizance stage. The Supreme Court through its recent judgment held that the Magistrate has the authority to issue further investigation at a stage wherein the trial has not commenced yet, however have reached to the post cognizance stage via Sections 156(3) and 173(8).
Case of the Complainant
The F.I.R. was lodged on 22.21.2009 by the Complainant named Nitabhai Mangubhai Patel and Shankunhai Patel against Vinubhai Haribhai Malviya alleging him of blackmailing them with respect to land which they claim belongs to them independently located outside Surat, Gujarat. They claim that they bought the above mentioned land from the buyers Bikhabhai Khushalbhai and his wife Bikhiben Bhikiabhai. However the complaints accuse the buyers and the accused of colluding together to create a land feud because of hike in price of agricultural lands in Surat and demanded a sum of 2.5 Lakhs to settle the dispute. The Complainant even accuses the heirs of the buyer to forcefully grab the land from the Complainants (the lawful owners) through fake Power of attorney. Pursuant to filing an FIR, investigation was investigated by the Police and charge sheet was framed .On 23.04.2010 the Magistrate took cognizance and issued summons to the accused framing Sections 420, 465, 467, 468, 471, 384, 511 of the Indian Penal Code 1860.
Case of the Appellants
Vinubhai Haribhai filed an application for investigation under Section 173(8) of the Code of Criminal Procedure, 1973 and another application was filed for the discharge. Similarly the same applications were filed by the others accused in the present case. However an order was issued by the Magistrate dismissing the applications.
Thereafter Criminal Miscellaneous Application was initiated by Vinubhai Malviya for lodging an FIR or for the Magistrate to order investigation under Section 156(3) of the CrPc, 1973 into the facts mentioned in the FIR.. However the same was rejected by the Magistrate.
However Revision Applications were filed before the Sessions Judge and the applications were decided by the Second Additional Sessions Judge vide order dated 10.01.12 wherein he ordered for further investigation seeing the facts of the case. Under Section 173(8). Thus the investigation was offered to an investigation officer named as R.A. Munshi.
Reasoning of the Court
The reasoning of all the three Courts starting from the Session Court to the Apex Court differs with respect to the present case. The Sessions Court upheld the power of the Magistrate to issue further investigation even at the post cognizance stage by accepting the Revision Applications filed by the accused and thus investigation was ordered to take place and was done by the investigation officer R.A. Munshi. Thereafter, the investigation officer submitted two reports dated 09.03.2012 and 10.042012 respectively. On 13.06 12 the main accused withdrew the special application pertaining to the dismissal of his discharge application by the Revision Court.. However the Court heard the Revision Application no.44 of 2012 together with Criminal Application No. 1746 of 2012 and stated that the Magistrate has no power to issue order for further investigation after the cognizance has taken place .Thus the High Court overruled the order of the Sessions Court dated 10.01.2012 and also quashed the two interim reports submitted by the Investigation Officer.
The counsel for the Appellants cited ample number of cases wherein further investigation was issued by the Magistrate, thus the Apex Court overrules the impugned order of the High Court was overruled pertaining to the part wherein it was stated that the High Court does not have the power to issue further investigation, however the Apex Court upheld the the impugned order darted 10.01.12 to prohibit further investigation and off quashing of interim investigation reports that were submitted . However the Revision Application No.346 of 2011 is concerned in respect to the remand, the impugned order of the High Court was set aside. Thus the Apex Court order for filing of an FIR within a week and the same will be enquired by the senior police officer and then if the case is made out then and the charge sheet is filed, the case can go under trial. Until then the FIR filed on 22.12.2009 which is has been stayed by the Court vide order 24.04.2019 will not commence until a police report is submitted after the lodging of the FIR post pronouncement of this judgment.
Case Details:
Before: Supreme Court
Case Title: Vinuhai Haribhai Malviya and Ors. v. State of Gujarat & Anr.
Bench: Hon’ble Justices Mr. R. F. Nariaman, Mr. Surya Kant and Mr .V. Ramasubramanian
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