Magistrate Cannot Order Conditional Seizure Based on Disputed Ownership, Seizure in Robbery Case Set Aside: Madhya Pradesh High Court

The Madhya Pradesh High Court has delivered an important judgment clarifying the scope of powers of a Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973. The Court held that while directing investigation into a cognizable offence, a Magistrate cannot issue conditional directions that depend upon deciding disputed questions of title or ownership. Such issues, the Court said, fall within the jurisdiction of a Civil Court or can…