Powers of magistrate in none cognizable offences under section 155 crpc

Powers of magistrate in none cognizable offences under section 155 crpc

In the case of **Sheikh HUMAYUN NAZIR vs State**, the court considered the powers of a Magistrate in non-cognizable cases regarding ordering an investigation. Here are the key points:

1. **Section 155(2) Cr.P.C.** does not explicitly grant a Magistrate the authority to order an investigation in a non-cognizable offense, unlike **section 156(3)** and **section 159**, which provide such powers.

2. However, the police can request an order under **section 155(2)**, and the Magistrate can then decide whether to order an investigation.

3. The Magistrate must carefully consider the facts and determine whether there are **reasonable grounds** to believe that an offense has been committed before issuing such an order.

4. The existence of reasonable grounds is a crucial factor in deciding whether an investigation should be initiated.

5. If the Magistrate fails to apply their judicial mind to assess reasonable grounds, their decision to order an investigation may be arbitrary.

6. The order to investigate is significant and should precede any action taken by the Police Officer.

7. The Magistrate has **discretion** to grant or refuse the order based on their judgment.

8. To make an informed decision, the Magistrate must have a thorough understanding of the case's facts¹²³.

.2023  SCMR  2058 

 

Sheikh HUMAYUN NAZIR vs State

Ss. 155(2), 156(3) & 159---Non-cognizable cases---Investigation---Magistrate, powers of---Scope---Section 155(2) Cr.P.C. does not expressly confer power on a Magistrate to order an investigation in a non-cognizable offence as is given by section 156(3) & section 159, Cr.P.C.---Police may report for an order under section 155(2), Cr.P.C. and the Magistrate can order for the investigation---Magistrate, however, has to apply his mind to the facts and before passing the orders has to see whether there are reasonable grounds for believing that an offence has been committed---Fact whether there are reasonable grounds for believing that an offence has been committed, is a very material circumstance to be taken into account in deciding whether an investigation should be ordered---Magistrate must apply his judicial mind to satisfy himself that reasonable grounds exist for believing that an offence has been committed before he orders such type of investigation---If he does not do so, he would be acting arbitrarily in ordering an investigation---Order to investigate is an important matter and it must precede the investigation by the Police Officer---Magistrate has unfettered discretion to grant or refuse the order for any reason that he deems appropriate---In order to perform the function of granting or withholding permission to investigate, the Magistrate must have a thorough understanding of the facts of the case.

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