Case Name : CBI vs RK Yadav ; CBI vs Dr AS Narayana Rao
Case Reference: (0000) 0 SCR 00 :
Neutral Citation: 2015:DHC:10477-DB
Case Number: WP Crl 903/2013; 1540/2014
Court: Delhi High Court
Bench: 01
Coram: Siddharth Mridul
Date: 23.12.2015
The power of the magistrate is only to direct the officer in charge of a police station to conduct investigation; and the magisterial power cannot be stretched beyond that. (Paras 9, 11)
The Court of the special judge is a court of original criminal jurisdiction (Para 12). The status of the special judge is of a magistrate dealing with an application under section 202 or 156(3)
No police personnel who does not fall within the meaning of ‘officer-in-charge of a police station’ can be directed to investigate any case. (Para 16) CBI not police station CBI is not an investigating agency of the court presided over by the Special Judge under the PoC 1988
– Refer also: CBI vs State of Rajasthan, (2001) 3 SCC 333 (Para 14) - The High Court under Article 226, or the Supreme Court under Article 32 or Article 142(1) can invoke its powers to give a direction to the CBI to investigate; however this must be invoked sparingly (Para 16) Magisterial power cannot be stretched beyond directing officer in charge of police station to conduct the investigation Sakiri Vasu vs State of UP 1 AR Antulay vs Ramdas Srinivas Nayak, AIR 1984 SC 718 Suganthi Suresh Kumar vs Jagdeeshan, (2002) 2 SCC 420 (Para 9) High Court cannot overrule the decision of the Supreme Court on the ground that the legal position was laid down without considering any other point.
See also: [CrPC - Section 156] CrPC - Section 202 CrPC - Section 204 Constitution - Article 32 Constitution - Article 141 Constitution - Article 142 Constitution - Article 226
PDF: CBI vs RK Yadav, CBI vs AS Narayana Rao, WP Crl 903-2013, 1540-2014 (Del HC).pdf