S.N. SHARMA vs BIPEN KUMAR TIWARI AND ORS.

The Supreme Court held that Section 159 of the Code of Criminal Procedure, 1898 does not empower a Magistrate to stop an ongoing police investigation. The Court clarified that the Magistrate's authority under this section is limited to directing an investigation when the police decide not to investigate, and that the phrase 'if he thinks fit' indicates that the Magistrate's power to conduct a preliminary enquiry is conditional upon the first clause being applicable. The High Court's decision to quash the Magistrate's order was upheld, affirming that the police's power to investigate cognizable offences is not subject to Magistrate control.