Any Magistrate empowered under section 190 of Cr. P.C. has power to order police officer to investigate any cognizable case brought to his notice. This power has been conferred upon the Magistrate under section 156(3) of Cr.P.C.
In State of Bihar Vs. J.A.C. Saldanha, AIR 1980 SC 326, the Apex court has held that the power of magistrate under section 156(3) of Cr. P.C. to direct further investigation is clearly an independent power and does not stand n conflict with the power of the State Government. The power conferred upon the Magistrate under section 156(3) can be exercised by the Magistrate even after submission of a report by the Investigating officer which would mean that it would be open to the Magistrate not to accept the conclusion of the investigating officer and direct further investigation.
The Apex court in Suresh Chand jain Vs. State of Madhya Pradesh, AIR 2001 SC 571, has held that an judicial Magistrate, before taking cognizance of the offence, may order investigation under section 156(3) of the Code.
In Rajwati Vs. State of Uttar Pradesh, 2007 (2) CRJ 104 (All), the Allahabad High Court has held that if the Magistrate prima facie found that a cognizable offence is made out from the contents of application, he is bound to order police to register the case and investigate the same.
The Apex Court in Madhu Bala vs. Suresh Kumar, AIR 1997 SC 3104, has held that when an order for investigation under section 156(3) of the Code is to be made, the proper direction to the police would be to register a case at the police station treating the complaint a the F.I.R. and investigate into the same.
However, it has been held that petitioner has not right to challenge an order passed under section 156(3) at pre-congnizance stage in a petition filed under sections 482/397 of Cr.P.C. Rakesh Puri vs. State of Uttar Pradesh, 2007 (1) CRJ 79(AP). Such matter can be handled by criminal matter advocate in jaipur in efficiently manner.