Question: Can a Magistrate direct a Police Officer to register a Zero FIR and to investigate a matter outside its territorial jurisdiction under Section 156(3)?
Answer: No, the Magistrate cannot direct a Police Officer to register a Zero FIR and also cannot direct a police officer to investigate a matter outside the Magistrate’s Jurisdiction.
Section 156(3) of the Cr.P.C. empowers a Magistrate to direct a Police Officer to investigate a cognizable offence when such Magistrate is having power to take cognizance of such offence under Section 190 of the Cr.P.C. The High Court has held that although a Police officer may be empowered to investigate into a matter under Section 154 Cr.P.C., a Magistrate under Section 156(3) is empowered to direct the registration of an FIR and / or direct the investigation of any case, only when it lies within the territorial jurisdiction of such magistrate.
The Delhi High Court has in the case titled Ramesh Awasthi v. State of NCT of Delhi & Anr, Crl. MC. 666 of 2017, has answered the above question in the negative.
The High Court observed as follows:
“9. As noted above Section 154 Cr.P.C. unlike Section 156 (1) does not prescribe for a restriction on registration of FIR in respect of an offence committed within the territorial jurisdiction of the police station. Thus even if the offence may have been committed beyond the territorial jurisdiction of a police station, the officer in-charge of the police station would still register the FIR and investigate thereon, however, a Magistrate under Section 156 (3) Cr.P.C. cannot direct to an officer in-charge of a police station beyond its territorial jurisdiction.
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12. In view of the discussion aforesaid the learned Metropolitan Magistrate vide the impugned order dated 10th February, 2017 having clearly noted that there was not even a single allegation of commission of any kind of offence alleged to have been committed within the jurisdiction of PS New Ashok Nagar and the allegations were related to the workplace of the complainant which was Noida, U.P. and not within the jurisdiction of PS New Ashok Nagar clearly erred in issuing directions to the SHO, PS New Ashok Nagar for registration of zero FIR and thereafter to transfer the same to the concerned Police Station having jurisdiction in the matter as per the procedure. …”
Further, the Bombay High Court in the case titled State of Maharashtra v. Ibrahim A Patel, 2008 CriLJ 1496 has held after discussing Sections 14, 156(3), 173 and 177 that a Magistrate cannot order for investigation of an offence which is outside his territorial jurisdiction. According to the High Court:
“9. Conjoint reading of Section 14, 156(3), 173 and 177 of Cr. P.C. would reveal that the authority of the Magistrate to direct the investigation to a police officer relate to his powers to take cognizance of such offence and secondly to a police officer, who can function within the jurisdiction of the local limits of his Court and this authority or empowerment does not travel beyond those limits. Section 190 of Cr. P.C. speaks of the power of the Magistrate “to take cognizance” of an offence. The Code does not define the said expression. But, it is settled law that the cognizance tantamount to taking judicial notice of an offence. It is different from merely initiating proceedings. Commencement of criminal proceedings relating to an offence by itself does not amount to taking cognizance.
14. The provisions of law comprised under the Code of Criminal Procedure nowhere empower the Magistrate to direct the investigation to the police officer other than one attached to the police Station situated within the territorial jurisdiction of the Court of such a Magistrate. Such powers undoubtedly can be exercised by this Court in writ jurisdiction or even while exercising the powers under Section 482 of Cr. P.C. It is settled law that a Magistrate does not enjoy inherent power. His powers are those specified under the Code and has to function strictly in accordance with the provisions of law made thereunder. The provisions of law comprised under the Cr. P.C. cannot be amended otherwise than the procedure known to law. …” (emphasis supplied)
Therefore, on a plain reading of the above two judgments of the Delhi High Court and the Bombay High Court, it can very well be summarized that a Magistrate can only direct a police officer or an officer in charge of a police station under the local territorial jurisdiction of such magistrate. Therefore, in case the offence was committed outside the local jurisdiction of the magistrate, directions cannot be passed by a Magistrate under Section 156(3).
