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M/s. Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. v. The State of Maharashtra & Anr.

Criminal Appeal · 2021 INSC 360Decided 26 Jul 2021
Criminal Appeal No. 680 of 2021
Dr. Justice D.Y. Chandrachud · Justice M.R. Shah

Background

A road-construction company alleged that four of its employees, responsible for disbursing land-acquisition compensation to farmers, fraudulently diverted over Rs. 5 crore by fabricating land records, creating fake claimants, and misappropriating funds meant for genuine landowners. After a magistrate ordered a police investigation and an FIR was registered, the four accused obtained anticipatory bail from the Bombay High Court, which reasoned that the magistrate's investigation order was legally doubtful because the complainant had not first been examined on oath.

Decision Breakdown

The Supreme Court held the High Court's reasoning was legally incorrect: a magistrate's power under Section 156(3) of the CrPC to direct a police investigation can be exercised before cognizance is taken, and does not require the complainant to be examined on oath first: that requirement under Sections 200/202 applies only after cognizance is taken. The Court also noted the magistrate's investigation order was never even challenged and had become final, so the High Court had no basis to question it. Given the serious and well-documented fraud allegations, the Court found no case for anticipatory bail was made out, set aside the High Court's bail orders for all four accused, and allowed all four connected appeals.

Lesson Learnt

Courts should not confuse a magistrate's threshold power to direct a police investigation with the stricter procedure that applies only after a magistrate has taken formal cognizance of a complaint, and in serious, documented fraud cases, this kind of legal mix-up is not sufficient grounds for anticipatory bail.

Official source (sci.gov.in)View Judgment (PDF)

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