Point of law: Any Judicial Magistrate, before taking cognizance of an offence, can order investigation under S.156(3) of the Code and in doing so, he is not required to examine the complainant since he was not taking cognizance of any offence therein for the purpose of enabling the police to start investigation.

JUDGMENT :

This is an appeal filed assailing order in Crl.M.P.No.3199 of 2019 dated 29.11.2019, on the file of the Special Judge(Principal Sessions Judge), Thrissur under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter will be referred as SC/ST Act for convenience). Accused Nos.2 and 3 in the above case are the appellants. Respondents herein are the defacto complainant and the State of Kerala.

2. I shall refer the parties in this appeal as ‘complainant’, ‘accused’ and 'State' for convenience.

3. It is submitted by the learned counsel for the accused that as per Annexure-A2 order, the learned Special Judge directed investigation under Section 156(3) of Cr.P.C. by forwarding a complaint filed by the complainant to the Town West Police, Thrissur. It is submitted by the learned counsel for the accused that the order is illegal and the same is without application of mind as to whether a cognizable offence/offences has/have been made out in the complaint.

4. Per contra, the learned counsel for the complainant would submit that going by the allegations in the complaint, the materials are sufficient to see prima facie commission of cognizable offences under Sections 120-B and 347 of IPC as well as under Sections 3(1)(p), 3(1)(q), 3(2) (va) and (vi) of the SC/ST Act and therefore, under Section 154 of Cr.P.C., the Police Officer is bound to register FIR. He also submitted that under Section 156(1) of Cr.P.C., the Police Officer's power to investigate a cognizable case is provided in tune with Section 154 of Cr.P.C. Therefore, even without the order of a Court, the Investigating Officer has a statutory obligation to register FIR in the given facts of this case and to investigate the same. In view of the above legal position, the investigation ordered by the learned Special Judge requires no interference and this appeal is liable to be dismissed.

5. The learned Public Prosecutor appeared for the State has produced CD in this matter. Similarly, a report dated 19.02.2021 given by the Investigating Officer also has been placed. As per the report, it is stated that the investigation in this matter not completed so far and it is necessary to arrest and recover materials from the accused. The learned Public Prosecutor also supported the order impugned and prayed for dismissal of the appeal.

6. It is relevant to note further that the anticipatory bail canvassed by the first accused in this crime was earlier dismissed by this Court as per order dated 05.01.2021 in B.A.No.3774 of 2020 and the arrest and interrogation of the appellant has been stayed in this matter.

7. On appraising the rival contentions, it is relevant to extract Section 156 of Cr.P.C. The same is as under:

“156. Police Officer's power to investigate cognizable cases

(1) Any officer-in-charge of a police station may, without the order of a Magistrate, investigate any cognizable cases which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.”

8. A plain reading of the provision would make it clear that any officer-in-charge of a police station may, without the order of a Magistrate, investigate any cognizable cases which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. Section 156(3) empowers any Magistrate empowered under section 190 of Cr.P.C. to order such an investigation and the said power applies to the special Judge as well mutatis and mutandis.

9. In (2014) 2 SCC 1 : AIR 2014 SC 187, Lalitha Kumari v. Government of U.P., the Apex Court