Monday, August 10, 2009

power of the Magistrate before filing the report

The role of the Magistrate starts only after filing of a report under Section 173 Cr.P.C. Till then the Magistrate is neither empowered nor justified in giving directions to the investigating agency to conduct investigation in any particular manner...They are bound by the procedure prescribed under the law and cannot transgress the limits of the law. Cr.P.C. does not give inherent powers to courts below High Court. The court of MM cannot devise a procedure other than the one provided under the Code:Delhi High Court-Crl.M.C. No. 2246/2002-Dated 06/08/2009

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