AI Overview...
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Investigation in Session Triable Cases - Magistrates generally cannot direct police investigation under Section 202(1) if the offence is exclusively triable by the Court of Session. Instead, they are required to conduct inquiries themselves or dismiss the complaint if the offence is session-triable, as per Sections 202 and 156(3). However, Magistrates can issue summons, examine witnesses, and order interim custody of properties even in session-triable cases Madhavan Nambiar VS Govindan - Kerala, Laxmiben w/o Magan Parshottam VS Magjibhai Bijiyabhai - Crimes, LAXMIBEN WIFE OF MAGAN PARSHOTTAM VS MAGJIBHAI BIJIYABHAI - Gujarat, CHARAN ROUT VS PRAFULLA KUMAR MANGARAJ - Orissa, Charan Routs VS Prafulla Kumar Mangaraj - Crimes, Arun @ Arunprasad VS State by the Inspector of Police, Pasupathipalayam Police Station, Karur District - Madras.
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Role of Magistrate in Session Cases - Magistrates can postpone issuing process and send the complaint for police investigation under Section 156(3), but only when the offence is not exclusively session-triable. In cases where the offence is exclusively triable by the Court of Session, Magistrates are generally barred from directing investigation and must either conduct an inquiry themselves or dismiss the complaint NAGANAGOUDA VS KAMALAXI - Karnataka, Laxmiben w/o Magan Parshottam VS Magjibhai Bijiyabhai - Crimes, LAXMIBEN WIFE OF MAGAN PARSHOTTAM VS MAGJIBHAI BIJIYABHAI - Gujarat, Devesh Gupta VS Sudha Shrivastava - Crimes.
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Procedural Limitations - When an offence is exclusively triable by a Court of Session, Magistrates cannot direct police to investigate under Section 202(1). Instead, they may conduct inquiries or dismiss the complaint if the case falls under session-triable offences, emphasizing the limited jurisdiction of Magistrates in such cases Laxmiben w/o Magan Parshottam VS Magjibhai Bijiyabhai - Crimes, LAXMIBEN WIFE OF MAGAN PARSHOTTAM VS MAGJIBHAI BIJIYABHAI - Gujarat.
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Additional Insights - Magistrates retain certain powers such as issuing summons, ordering interim custody, and examining witnesses, even in session-triable offences. Moreover, the law permits Magistrates to exercise judicial discretion during inquiries, including considering extraneous defenses or exercising powers of interim custody Md. Abdul Kadir S/o Late Suja Miya VS State of Assam - Gauhati, Arun @ Arunprasad VS State by the Inspector of Police, Pasupathipalayam Police Station, Karur District - Madras.
Analysis and Conclusion:
The core reason Magistrate Order Investigation in Session Triable Cases is generally not permissible is that the law explicitly restricts Magistrates from directing police investigations in offences that are exclusively triable by the Court of Session. Instead, Magistrates must either conduct their own inquiry or dismiss the complaint, ensuring that the investigation and trial are handled by the appropriate higher court. However, Magistrates retain certain procedural powers, such as issuing summons and ordering interim custody, and can exercise judicial discretion during inquiries. This delineation maintains the hierarchy and jurisdictional boundaries within criminal procedure, ensuring that session-triable offences are primarily handled by the Court of Session.
References:
- Madhavan Nambiar VS Govindan - Kerala
- NAGANAGOUDA VS KAMALAXI - Karnataka
- Laxmiben w/o Magan Parshottam VS Magjibhai Bijiyabhai - Crimes
- LAXMIBEN WIFE OF MAGAN PARSHOTTAM VS MAGJIBHAI BIJIYABHAI - Gujarat
- Md. Abdul Kadir S/o Late Suja Miya VS State of Assam - Gauhati
- CHARAN ROUT VS PRAFULLA KUMAR MANGARAJ - Orissa
- Charan Routs VS Prafulla Kumar Mangaraj - Crimes
- Arun @ Arunprasad VS State by the Inspector of Police, Pasupathipalayam Police Station, Karur District - Madras
- Devesh Gupta VS Sudha Shrivastava - Crimes
Search Results for "Why Magistrate Order Investigation in Session Triable Cases"
1981 0 Supreme(Ker) 293 • India - Kerala
P.JANAKI AMMA
The police, after investigation, referred the case as false. ... on a complaint sent for investigation under S. 156(3) of the Criminal Procedure Code. ... of an offence after the police filed a refer report on a complaint sent for investigation under S. 156(3) of the Criminal Procedure ... Even after examination of the complainant it is open to the Magistrate to postpone the issue of process and to send the complaint for investigation by the Police under S. 202 (except in cases #HL_STA....
1985 0 Supreme(Kar) 438 • India - Karnataka
NARAYANA RAI KUDOOR
triable by the Court of Session. ... Final Decision: The Revision was dismissed, affirming the validity and legality of the order passed by the Magistrate directing ... the Magistrate directing issue of process to the accused. ... In other words, in cases other than [offences complained of is triable exclusively by the Court of Session, the Magistrate may take evidence of such witnesses as he thinks fit. ... This view I take gains ....
• India - Crimes
S.B.MAJMUDAR
that the offence complained of is triable exclusively by a court of session, the learned Magistrate cannot direct any investigation ... by Court of session-Magistrate directing police to inquire under section 202-Whether legal? ... Criminal Procedure Code, 1973-Section 202(1) and (2)-Direct complaint filed before Magistrate alleging various offences triable exclusively ... A mere look at the aforesaid provisions of section 202 leaves no room for doub....
1982 0 Supreme(Guj) 143 • India - Gujarat
S.B.MAJMUDAR
that the offence complained of is triable exclusively by a court of session, the learned Magistrate cannot direct any investigation ... alleging various offences triable exclusively by Court of session-Magistrate directing police to inquire under section 202-Whether ... (No)-What is the procedure which is required to be adopted by Magistrate? ... no room for doubt that when it appears from the complaint filed before a Magistrate tha....
2022 0 Supreme(Gau) 513 • India - Gauhati
AJIT BORTHAKUR
issued summons to accused petitioner under Sections 436 of IPC, which is a Session triable offence. ... , which were filed by family of respondent No. 2/complainant and his sister, where police, after completion of investigation, submitted ... be looked into at inquiry stage taking into consideration of extraneous defence case - Judicial discretion exercised by learned Magistrate ... of the IPC, which is a Session triable offence. ... However, the proviso to Sub-Section (2) of Section ....
1996 0 Supreme(Ori) 115 • India - Orissa
ANUP DEB, ARIJIT PASAYAT
-Expression "all his witnesses" - Magistrate is mandated to can upon complainant to produce all his witnesses & is not required to ... The first part of proviso to Sub-Section (1) of Section 202 requires that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he would not order investigation but would have the inquiry made by himself. ... Preliminary inquiries are, therefore, being dispensed with in cases #HL....
• India - Crimes
ARIJIT PASAYAT, ANUP DEB
-Expression "all his witnesses" - Magistrate is mandated to can upon complainant to produce all his witnesses & is not required to ... The first part of proviso to Sub-sec. (1) of Sec. 202 requires that if it appears to the Magistrate that offence complained of is triable exclusively by the Court of Session, he would not order investigation but would have the inquiry made by himself, The proviso to Sub-sec. (2) is relatable to cases ... Preliminary inquiries are, ther....
2007 0 Supreme(Mad) 428 • India - Madras
P.R.SHIVAKUMAR
Book-Held, Magistrate can order interim custody of vehicle/property even in cases exclusively triable by court of session. ... The fact that the Magistrate is empowered to order interim custody of the property seized in the course of investigation or produced during any "enquiry or trial" will make it clear that even in cases exclusively triable by the Court of a session in which Judicial #HL_STA....
• India - Crimes
INDRANI DATTA
offences triable exclusively by Sessions Court—Magistrate is not debarred from sending complaint for police investigation under ... Criminal Procedure Code, 1973—Section 156(3) and 202(1) —Jurisdiction of Magistrate to order investigation in a complaint disclosing ... The provisions of Section 202 of the present Code debar a Magistrate from directing investigation on a complaint where the offence charged is triable....
• India - Crimes
S.PADMANABHAN
(i) Criminal Procedure Code, Section 306(4)-Tender of pardon to accused by Magistrate during investigation and his examination - ... tendering pardon to accused-Such Magistrate need not make over case to other Magistrate for examining approver. ... recording not to debar Magistrate from examining approver under section 306(4) or committing case. ... The offences are not exclusively triable by the Court of Session. By order dated 26.11.1982 the then C....
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