• Can a magistrate order a magisterial enquiry against IO of criminal case

If a complaint is made of gross misue of power, concealemt of evidence, intentional negligence, then can the concerned Magistrate (CJM or ACJM) order a magisterial enquiry against an investigation officer of a criminal case where investigation is still pending ? PLease share relevant case laws
Asked 5 years ago in Criminal Law
Religion: Hindu

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9 Answers

The magistrate can order the senior police officials to initiate an enquiry against the concerned IO if there are serious faults, shielding of accused and hiding of facts from court. 

https://www.indiatoday.in/pti-feed/story/court-orders-inquiry-against-io-acp-sho-for-faulty-probe-[deleted]

https://www.livelaw.in/there-cant-be-shortcut-to-dispose-of-criminal-prosecution-bombay-hc-deprecates-magistrate-orders-enquiry-against-io-app-read-judgment/

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. The Magistrate has no jurisdiction to order inquiry against the Investing Officer even if there is gross negligence in discharging its duties.

2 . If there is lack of proper investigation you can file writ petition against police inaction.

3. You can also lodge complaint with the higher authority of the Police to transfer of investigation from the present IO to the another one. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Yes a case can be filed against the IO. But an fir has to be registered with the concerned police station and if the police refuses to register the case then file a complaint against the person before a magistrate under s 156 3 of crpc.

Regards 


It can order an enquiry only if it has been proved before ehim that such illegalities have been committed by the IO.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hello,

No the same can only be done by HC under section 482.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Yes a magistrate has power to initiate the said inquiry as aforesaid

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Section 91 cr.p.c.:

Summons to produce document or other thing (1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

action of the Magistrate in issuing summons under Section 91 Cr.P.C cannot be faulted.

The next line of inquiry is, whether the penal provisions for which cognizance has been taken would apply to the facts of this case. For the sake of convenience, Sections 174175 and 176 of the IPC.

 

Madras High Court

The Superintendent Of Police vs The Judicial Magistrate Court

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

Crl.O.P.No.12748 of 2015

M.P.No.1 of 2015

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Where is the complaint against the IO has been filed in court or senior Police officer.????

If the complainant was been filed in the court then yes CJM or ACJM can order Judicial Inquiry against IO even if the investigation of case is pending. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to have directions issued to the investigation team (a new one) to investigate about the misconduct of the existing officers.
  2. Yes, there is not doubt that these can be done by the court of law, but I have doubt that lower can order for the same.
  3. You should file a Writ petition of Mandamus in nature as per article 226 of our Constitution read with section 482 before the Hon’ble High Court seeking immediate intervention of the court.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Yes, u/s 340 CrpC but after trail. While matter is under investigation than can file complaint for giving false information, with intent to cause public servant to use his lawful power to the injury of another person

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

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