Case Note & Summary
The petitioner, S. Diwakar, filed a Criminal Revision before the Madras High Court challenging an order dated 03.06.2023 passed by the V Metropolitan Magistrate, Egmore, Chennai, which dismissed his application under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC) on the ground of lack of territorial jurisdiction. The petitioner resided at No.13/44, Tharachand Nagar, III Street, Virugambakkam, Chennai-92, which was outside the local limits of the V Metropolitan Magistrate's court. The petitioner contended that under Section 16(3) CrPC, every Metropolitan Magistrate has jurisdiction throughout the metropolitan area, and therefore the learned Magistrate ought to have considered the application on merits and forwarded it to the jurisdictional police. The High Court examined the interplay between Section 156(3) and Section 16(3) CrPC. It noted that Section 156(1) CrPC empowers a police officer in charge of a police station to investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under Chapter XIII CrPC. The court held that the power under Section 156(3) CrPC to order investigation is not independent of territorial limitations; rather, it must be exercised by a Magistrate who has jurisdiction over the local area where the offence is alleged to have occurred. Section 16(3) CrPC, which confers jurisdiction over the entire metropolitan area, applies to the trial of offences and not to the power to order investigation under Section 156(3). Since the petitioner's address in Virugambakkam was outside the local limits of the V Metropolitan Magistrate, the dismissal of the application was correct. The High Court dismissed the Criminal Revision, upholding the impugned order.
Headnote
A) Criminal Procedure Code - Territorial Jurisdiction - Section 156(3) read with Section 16(3) CrPC - Metropolitan Magistrate's power to order investigation - The petitioner, residing in Virugambakkam, filed an application under Section 156(3) CrPC before the V Metropolitan Magistrate, Egmore, which was dismissed for lack of jurisdiction. The High Court held that while Section 16(3) CrPC confers jurisdiction over the entire metropolitan area for trial, the power under Section 156(3) CrPC to order investigation is governed by Section 156(1) CrPC, which limits investigation to cases where the court having jurisdiction over the local area of the police station would have power to inquire or try under Chapter XIII. Since the petitioner's address fell outside the local limits of the V Metropolitan Magistrate, the dismissal was upheld. (Paras 2-7)
Issue of Consideration
Whether a Metropolitan Magistrate can order investigation under Section 156(3) CrPC in respect of an area outside his territorial jurisdiction, despite Section 16(3) CrPC conferring jurisdiction over the entire metropolitan area?
Final Decision
The Criminal Revision is dismissed. The impugned order dated 03.06.2023 passed by the V Metropolitan Magistrate, Egmore, is upheld.
Law Points
- Territorial jurisdiction of Metropolitan Magistrate under Section 16(3) CrPC is limited to the local area of his court for the purpose of ordering investigation under Section 156(3) CrPC
- Section 156(1) CrPC restricts investigation to cases where the court having jurisdiction over the local area of the police station would have power to inquire or try under Chapter XIII CrPC
