Current Affairs

Source: Andhra Pradesh High Court

Why in News?

Recently, the Andhra Pradesh High Court in the matter of Vundi Sankar Vijaya Bhaskaram v. The State of Andhra Pradesh, has held that Magistrate has the discretion in forwarding the complaint to the police as it disclosed various cognizable offences, and the police can thoroughly investigate the matter.

What was the Background of Vundi Sankar Vijaya Bhaskaram v. The State of Andhra Pradesh?

• In this case, the petitioner was appointed as a single trustee of Sri Ramalingeswara Swamy temple in Polsanapalli Village.
• On emergence of allegations of mismanagement, dishonesty, lack of devotion, misappropriation of funds, the Deputy Commissioner of Endowments, Kakinada relieved the criminal petitioner from his duties.
• This was a result of a written complaint filed by respondent before the learned Judicial First-Class Magistrate, Bhimadole.
• The complaint that was presented before the learned Magistrate was forwarded by him under Section 156(3) of the Criminal Procedure Code, 1973 (CrPC) for investigation.
• The petitioner argued that an order of the Magistrate under Section 156(3) must contain brief reasons for forwarding the complaint to the police. But the order herein was bereft of reasons.
• Thereafter, a criminal petition was filed by the petitioner before the Andhra Pradesh High Court to quash the proceedings against him.
• Dismissing the appeal, the High Court held that the criminal proceedings cannot be quashed.

What were the Court’s Observations?

• Justice Dr VRK Krupa Sagar observed that the Magistrate was right in forwarding the complaint to the police as it disclosed various cognizable offences, and the police can thoroughly investigate the matter.
• The complaint alleged various cognizable offences, the Magistrate exercised its power under Section 156(3) of CrPC for police to investigate into the voluminous documents and records maintained by temple trustee. The complaint was thoroughly investigated, and a charge sheet was also filed.
• The Court also relied on the judgment of the Supreme Court in the case of M/s Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd v. The State of Maharashtra (2021).
  • In this case, it was held that the order of Magistrate in forwarding a complaint to the police under Section 156(3) does not really require any elaboration except a direction.

What is Section 156 of CrPC?

About:

• This section deals with the police officer’s power to investigate cognizable cases. It states that -

(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.

Case Law:

• In the case of Mohd Yousuf v. Smt. Afaq Jahan and Anr.(2006), the Supreme Court stated that any judicial magistrate might order an investigation under Section 156(3) of the Code before taking notice of the offence.