SURYA PRAKASH KESARWANI, J. - (1.) Heard learned counsels for the petitioners and the learned A.G.A. for the State-respondents in this batch of writ petitions.
(2.) All the above noted writ petitions have been filed by the petitioners praying for a direction to the concerned police authorities for fair and proper investigation in criminal cases in which investigation is going on. Thus, following questions of law are involved in the present writ petition:- (a) Whether the jurisdictional Magistrate has power to direct the police authority concerned for fair and proper investigation? (b) Whether the petitioners are justified to file writ petitions under Article 226 of the Constitution of India without approaching the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973 for fair and proper investigation? Submissions:
(3.) Learned counsel for the petitioners submitted that an important facet of the rule of law is that in criminal justice system, investigation into the crime should be fair, in accordance with law and should not be tainted. Therefore, if the investigating authority is not fairly and properly investigating into crime then this court has power to issue appropriate directions under Article 226 of the Constitution of India. They further submitted that once the power is available to this court, there is no need to invoke the powers of the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C. ').;