Does A Magistrate Have Jurisdiction To Change The Investigation Team? SC Issues Notice

Does Judicial Magistrate acting under Section 156(3) of the Code of Criminal Procedure have jurisdiction to order a change in the investigating team? The Supreme Court will hear a Special Leave Petition raising this issue.

A person had approached the High Court with a prayer to transfer an investigation in a crime currently conducted by Dungra Police Station, to any independent agency like CID Crimes or to an officer not below the rank of Commissioner of Police. Disposing of the said plea, the High Court observed that the aggrieved person can approach the Magistrate concerned under Section-156(3) of the Criminal Procedure Code, 1973. Needless to say that the Magistrate concerned has power to direct proper investigation to be done which includes in his discretion recommending change of investigation officer so that proper investigation is done in the matter, the High Court had said in the order disposing of the petition.

Assailing this order, the petitioner approached the Apex Court [Ashok Devendra Goyal vs. State of Gujarat]. Advocate Gaurav Agrawal, who appeared for the petitioner argued before the bench that the Magistrate acting under Section 156(3) of the Code of Criminal Procedure would not have jurisdiction to order a change in the investigating team, i.e., from State Police to the CID.

The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph has issued notice in this SLP. 

Click here to Read/Download Order

Click here to Read/Download Gujarat HC Order