Meaning and Scope of application of Section 159

March 25, 2023
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Section 159 is primarily meant to give to the Magistrate the power of directing an investigation in a case where police decides not to investigate a case under the proviso to Section 157(1), and it is in those cases that, if he thinks fit, he can choose the second alternative to him to proceed to hold a preliminary enquiry. An inquiry under this Section can be made only on submission of police report. The words ‘such report’ mean the FIR submitted under Section 157 before completion of the investigation. They do not include the final report under Section 173 or the report submitted under Section 202.

No Magistrate can under this Section suspend investigation by police which has already commenced and direct a Magisterial inquiry, Pancham Singh v. State of Bihar, AIR 1967 Pat 416. If you want to be a judicial officer and are looking for RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.

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