Central Bureau Of Investigation vs The Joint Commissioner Of Customs ...
2006 Latest Caselaw 958 Del

JUDGMENT

Badar Durrez Ahmed, J.

1. This revision petit on is filed on behalf of the CBI against the order dated 19.09.2005 passed by the learned ACMM, New Delhi. By virtue of the impugned order, the CBI has been directed to register an FIR and conduct the investigation. Mr Tiwari, the learned Counsel for CBI, referred to the decision of the Supreme Court in the case of Central Bureau of Investigation v. State of Rajasthan and Another: to indicate that the Magistrate does not have any power to direct the CBI to conduct an investigation in exercise of its powers under Section 156(3) of the Code of Criminal Procedure Code, 1973. He relied upon paragraph 16 of the said judgment which reads as under:

16. As the present discussion is restricted to the question whether a Magistrate can direct CBI to conduct investigation in exercise of his powers under Section 156(3) of the Code it is unnecessary for us to travel beyond the scope of that issue. We, therefore, reiterate that the magisterial power cannot be stretched under the said sub-section beyond directing the officer in charge of a police station to conduct the investigation.

2. In view of the clear and settled position, the impugned order has to be set aside. The same is set aside and this revision petition stands disposed of dusty.