Section 156(3) of the Code of Criminal Procedure,
1973 (“Code”), provides that any magistrate, who is empowered under Section 190
(of the Code) to take cognizance of an offence, may order an investigation. Yesterday, Supreme Court of India
(“Supreme Court”) has decided a case (AnilKumar & Ors v. M.K. Aiyappa & Anr) wherein the following the
question had arisen:
`“Whether
the Special Judge/Magistrate is justified in referring a private complaint made
under Section 200 Cr.P.C. for investigation............, in exercise of powers
conferred under Section 156(3) Cr.P.C. without the
production of a
valid sanction order under Section
19 of the
Prevention of Corruption Act,
1988.”
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While section 200 of the Code provides for the competency of a magistrate to take the cognizance of an offence on the basis of a complaint, section 156(3) of the Code provides for magistrate's power to order an investigation . In the present case, a complaint had been filed
by the Appellants, Anil Kumar & Ors, before the Special Judge
(Prevention of Corruption) thereby accusing the Respondents, M.K. Aiyappa &
Anr, of certain offences. The alleged offences, as contended by the Appellants,
were under (“IPC”) and Prevention of Corruption Act, 1988 (“Corruption Act”).
