JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard learned counsels for the petitioners and the learned A.G.A. for the State-respondents in this batch of writ petitions.

2. All the above noted writ petitions have been filed by the petitioners praying for a direction to the concerned police authorities for fair and proper investigation in criminal cases in which investigation is going on. Thus, following questions of law are involved in the present writ petition:-

(a) Whether the jurisdictional Magistrate has power to direct the police authority concerned for fair and proper investigation?

(b) Whether the petitioners are justified to file writ petitions under Article 226 of the Constitution of India without approaching the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973 for fair and proper investigation?

Submissions:

3. Learned counsel for the petitioners submitted that an important facet of the rule of law is that in criminal justice system, investigation into the crime should be fair, in accordance with law and should not be tainted. Therefore, if the investigating authority is not fairly and properly investigating into crime then this court has power to issue appropriate directions under Article 226 of the Constitution of India. They further submitted that once the power is available to this court, there is no need to invoke the powers of the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ''Cr.P.C.').

4. Learned A.G.A. submitted that the Magistrate has the power under Section 156(3) of the Cr.P.C. to order for fair and proper investigation and, therefore, the petitioners should have approached the concerned Magistrate for redressal of their grievances.

Discussion and Findings:

5. We have carefully considered the submissions of the learned counsels for the parties.

6. Relevant provisions for the purposes of controversy involved in the present writ petitions are Sections 2(c), 2(d), 2(g), 2(h), 36 and 156, Cr.P.C., which are reproduced below:

"Section 2(c):- "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

Section 2(d):- "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Section 2(g):- "inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;

Section 2(h):- "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.

Section 36:- Powers of superior officers of police. Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

Section 156. Police officer's power to investigate cognizable case.-(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case 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."

Fair Investigation - Rule of Law:

7. The criminal justice system mandates that any investigation into the crime should be fair, in accordance with law and should no