Introduction to the monitoring of investigation by a magistrate
Criminal investigation under the code of criminal procedure starts with receiving of information by the police. it is immaterial that information so received by police is by which source or otherwise police starts an investigation with the order of court u/s 156 (3) of code of criminal procedure.
the question of monitoring investigation of police is very serious because it is a popular belief that the court not interfere with the investigation of the police. but it is not true and such is a myth.
Information & Investigation
Under the code of criminal procedure, information of a cognizable offence can be given to the police by reporting the crime U/s 154, and furthermore court using the powers given under section 200 & 156 (3) gives orders to the police to start the investigation.
The investigation and the manner of investigation are grossly questioned many times, that it is biased or favoring or otherwise.
but, interestingly the code of criminal procedure is silent on the court’s role in criminal investigation.
Can A Magistrate monitor investigation
As earlier stated, the code is silent on this part, but then it is implied that under section 156(3) court is entering the shoes of investigating authority, let’s examine the relevant section-
Section 156 in The Code Of Criminal Procedure, 1973
What are the top court views-
In Union of India vs. Prakash P. Hinduja and another 2003 (6) SCC 195 (vide para 13)
The apex court stated, it has been observed by this Court that a Magistrate cannot interfere with the investigation by the police. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. If the Magistrate on an application under Section 156(3) Cr.P.C. is satisfied that proper investigation has not been done, or is not being done by the officer-in-charge of the concerned police station, he can certainly direct the officer in charge of the police station to make a proper investigation and can further monitor the same (though he should not himself investigate).