A, an Inspector General of Police is alleged to have committed the murder of C (father of B), who is an informant in this case gives an application to the Chief Judicial Magistrate.....Give reasons in support of your answer.

Question: A, an Inspector General of Police is alleged to have committed the murder of C. (father of B), who is an informant in this case, gives an application to the Chief Judicial Magistrate, expressing his doubt that the police will not make a proper investigation as the I.G. of Police is accused in this case. On the application of C, the Chief Judicial Magistrate authorizes the first class Magistrate to conduct the investigation. Is his order valid in the eyes of law? Give reasons in support of your answer.

Find the answer to the mains question only on Legal Bites. [A, an Inspector General of Police is alleged to have committed the murder of C (father of B), who is an informant in this case, gives an application to the Chief Judicial Magistrate, expressing his doubt that the police will not make a proper investigation as the I.G. of Police is accused in this case. On the application of C, the Chief Judicial Magistrate authorizes the first class Magistrate to conduct the investigation. Is his order valid in the eyes of law? Give reasons in support of your answer.]

Answer

Under the provisions of the Code of Criminal Procedure (CrPC) in India, specifically Section 156(3), a Magistrate, including the Chief Judicial Magistrate (CJM), does have the authority to direct the police to investigate a cognizable offence. However, the CrPC does not explicitly outline a procedure for a Magistrate to appoint another Magistrate to conduct an investigation.

While there is Section 192 which deals with a makeover of cases to Magistrates, provides that a Chief Judicial Magistrate can make over the case for inquiry or trial to any competent Magistrate subordinate to him. Furthermore, Chief Judicial Magistrate can give general or specific orders to any first-class magistrate to make over the case for inquiry or trial to another competent Judicial Magistrate. This is with the object of distribution of work where there is more than one Judicial Magistrate. However, there is no provision regarding CJM appointing a first-class Magistrate to conduct the investigation.

However, in the present case, where the father of the victim (who is also an informant) expresses doubt about a proper investigation due to the involvement of a high-ranking police officer, the CJM's decision to authorize a first-class Magistrate to conduct the investigation could be seen as an attempt to ensure an impartial and fair investigation. This decision may be based on the CJM's inherent powers to maintain law and order and uphold the principles of justice.

The validity of the CJM's order would likely be subject to judicial review, and the following factors might be considered in determining its validity:

Conflict of Interest: If there is a reasonable apprehension of a conflict of interest or bias in the investigation, the CJM's decision to appoint a different Magistrate for investigation might be considered justifiable.

Impartial Investigation: The CJM's order aims to ensure an independent and impartial investigation, which aligns with the principles of criminal justice.

Inherent Powers: The CJM, being the head of the judicial administration in the district, has certain inherent powers to maintain justice, prevent abuse of process, and ensure a fair investigation.

Cognizable Offence: The alleged offence, which involves the murder of a person, is likely to be cognizable in nature, which empowers the Magistrate to direct the police to investigate.

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