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Question Bank
Question
What is the hierarchical sequence of remedies available to a person if a police station refuses to register their First Information Report (FIR) for a cognizable offense?
Solution
The Code of Criminal Procedure (Cr.P.C.) provides a clear, hierarchical sequence of alternative remedies that an aggrieved person must exhaust before approaching higher courts. The first step is to approach the Superintendent of Police under Section 154(3) Cr.P.C. with a written application. If this does not yield a satisfactory result, the next remedy is to file an application before a Judicial Magistrate empowered under Section 156(3) Cr.P.C. The Magistrate can then direct the police to register the FIR and conduct a proper investigation. Only after these statutory remedies are exhausted should a person consider filing a writ petition or a petition under Section 482 Cr.P.C. before the High Court.
Question
Explain the scope and extent of a Magistrate's power under Section 156(3) of the Code of Criminal Procedure?
Solution
The power of a Magistrate under Section 156(3) Cr.P.C. is very wide and comprehensive. Although briefly worded, it is an independent power that includes the implied authority to order the registration of an FIR and to direct the officer in charge of a police station to conduct a proper investigation. This power also allows the Magistrate to monitor the investigation to ensure it is conducted properly and satisfactorily. It serves as a crucial check on the police performing their duties under Chapter XII of the Cr.P.C. and can be exercised even after the police have submitted a final report, as it is distinct from the power of further investigation under Section 173(8) Cr.P.C.
Question
What is the 'Doctrine of Implied Powers' in the context of statutory interpretation, particularly concerning a Magistrate's authority?
Solution
The 'Doctrine of Implied Powers' is a principle of statutory interpretation which holds that when a statute grants a specific power or jurisdiction to an authority, it implicitly includes the grant of every other power that is necessary and incidental to make the express grant effective. This means that for a power to be fully executed, all reasonable means essential to its execution are deemed to be included. Therefore, when the Cr.P.C. grants a Magistrate the power to order an investigation under Section 156(3), it impliedly includes the power to take all ancillary steps, such as ordering FIR registration and monitoring the probe, to ensure the legislative intent is not defeated.
Question
Under what exceptional circumstances can an investigation be transferred to the Central Bureau of Investigation (CBI), and which courts possess this authority?
Solution
An investigation can be transferred to the Central Bureau of Investigation (CBI) only in rare and exceptional cases. This power is not available to a Magistrate. It is exclusively vested in the Supreme Court under Article 136 and the High Courts under Article 226 of the Constitution of India. Such a transfer is not granted as a matter of routine or merely on the basis of allegations. The court must be satisfied, after examining the material on record, that it discloses a prima facie case of such a serious nature that it necessitates an investigation by a specialized agency like the CBI to ensure a fair and impartial inquiry.
Question
What is the strategic legal rationale for requiring the exhaustion of alternative remedies before invoking the writ jurisdiction of the High Court in criminal matters?
Solution
The strategic legal rationale is rooted in the principle of judicial efficiency and restraint. The hierarchy of remedies established under the Cr.P.C.—first with senior police officers under Sections 154(3) and 36, and then with the Magistrate under Section 156(3)—is designed to resolve grievances at the most appropriate and effective level. By relegating petitioners to these alternative remedies, the High Court prevents itself from being flooded with writ petitions, allows the statutory machinery to function as intended, and intervenes only in cases where the lower forums have failed to provide justice, thereby preserving its extraordinary constitutional power for truly deserving cases.
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