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A Magistrate has all the powers to order an investigation in a case if the police do not intend to investigate the case. Sections 159 and 157 of the Code of Criminal Procedure provides that a magistrate can order investigation of a case if it falls in the jurisdiction of the magistrate.
It is only under the control of a magistrate where the police or any other person who is authorised by law can carry out investigations. The above view has been conferred by the Punjab and Haryana High Court in the case of M/s Sujan Multiports Ltd. v/s State of Haryana.
Moreover, Section 156(3) also clarifies that a Magistrate has supervisory powers to supervise, monitor and control the investigation.
In a plethora of judgements by the apex court, it can be seen that besides supervising the investigation of a case, the Magistrate can order the registration of FIR. Hence, the provisions of the Crpc clearly provides that a Magistrate is vested with ample power with respect to investigation and registration of FIR, over the police. Judgements confirming this view by the Supreme Court are Madhu Bala vs Suresh Kumar, Mohd, Yousuf v/s Smt afaq jahan.
