1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPEALLATE JURISDICTION CRIMINAL APPEALLATE JURISDICTION CRIMINAL APPEALLATE JURISDICTION WRIT PETITION NO. 2457 OF 2008 WRIT PETITION NO. 2457 OF 2008 WRIT PETITION NO. 2457 OF 2008 Mithalal Ratanchand Jain & Anr. .. Petitioners V/s. The State of Maharashtra & Anr. .. Respondents Mr.R.D.Suryavanshi for the Petitioners. Mrs.M.M.Deshmukh, A.P.P.-State. Mr.Rishi Bhuta i/b.Mr.Devendra Udani for the Respondent No.2. CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND A.A.SAYED, JJ. A.A.SAYED, JJ. A.A.SAYED, JJ. DATE : 3RD DECEMBER, 2008. DATE : 3RD DECEMBER, 2008. DATE : 3RD DECEMBER, 2008. P.C. :- P.C. :- P.C. :- . Heard. 2. We are entertaining this Petition for a limited aspect. The 12th Judicial Magistrate First Class, Thane at Thane has passed an order in Criminal case No.1808 of 2008 directing the Crime Branch, Thane (Rural) to investigate in the above complaint and file a report under section 156(3) of Criminal Procedure Code, 1973. The grievance of the Petitioner which, we find is substantially correct, is that the Magistrate has no power to issue directions to the Crime Branch 2 directly in view of the Provisions of section 156(3). Section 156(3) contemplates that any Magistrate empowered under section 190 may order such an investigation. 3. Section 156(1) further contemplates that any officer in charge of police station may, without the order of a Magistrate, 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 the provisions of Chapter XIII. 4. Sub section (2) of section 156 contemplates no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. 5. On reading sub section (3) of section 156 it becomes clear that the Magistrate can give a direction to investigate a crime to any officer in charge of the Police station and not to the Crime Branch and therefore the directions given by the Magistrate to that effect are bad and, therefore, we strike down 3 these directions, and instead direct that the concerned police station i.e. Bhayander police station shall carry on investigation under section 156 (3) as directed by the Magistrate. 6. The Petition is, accordingly, disposed of. (A.A.SAYED, J.) (S.B.MHASE, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (A.A.SAYED, J.) (S.B.MHASE, J.)