S. N. SHARMA versus BIPEN KUMAR TIWARI AND ORS.

S. N. SHARMA versus BIPEN KUMAR TIWARI AND ORS.

Section 159 of the Code of Criminal Procedure does not confer power upon a Magistrate to stop a police investigation into a cognizable offence. The Magistrate’s role under s. 159 is restricted to ordering an investigation or conducting a preliminary inquiry only when the police decide not to investigate in accordance with the proviso to s. 157(1). The police’s statutory power to investigate is independent of judicial control, save for writ intervention by the High Court in appropriate cases.

Parties
Appellant: S. N. Sharma; First Respondent: Bipen Kumar Tiwari; Respondent: State
Jurisdiction
India
Judgment Date
10 March 1970
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal by Special Leave From the Judgment and Order Dated January 15, 1969 of the Allahabad High Court in Criminal Misc. Case No. 1770 of 1968
Outcome
Appeal dismissed
Legal Topics
Powers of Magistrate Under S. 159 Cr.p.c., Scope of Police Investigation, Jurisdiction to Stop Police Investigation
Criminal Procedure Powers of Magistrate Under S. 159 Cr.p.c. Scope of Police Investigation Jurisdiction to Stop Police Investigation

Case Brief

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Parties

S. N. Sharma

Appellant

Bipen Kumar Tiwari

First Respondent

State

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal by Special Leave From the Judgment and Order Dated January 15, 1969 of the Allahabad High Court in Criminal Misc. Case No. 1770 of 1968

Legal Issues

  1. 1 Whether section 159 of the Code of Criminal Procedure empowers a Magistrate to stop police investigation into a cognizable offence?

Ratio Decidendi

Section 159 of the Code of Criminal Procedure does not confer power upon a Magistrate to stop a police investigation into a cognizable offence. The Magistrate’s role under s. 159 is restricted to ordering an investigation or conducting a preliminary inquiry only when the police decide not to investigate in accordance with the proviso to s. 157(1). The police’s statutory power to investigate is independent of judicial control, save for writ intervention by the High Court in appropriate cases.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Allahabad High Court is upheld; the order of the Judicial Magistrate directing police to stop investigation is quashed and the police are at liberty to proceed with and complete the investigation.