Published on: 24 July 2023 at 11:05 IST
Court: Supreme Court
Citation: Sakiri Vasu V. State of U.P. (2008)
Honourable Supreme Court of India has held that there is an implied power vested with the Judicial Magistrate under the aegis of Section 156(3) of the Code of Criminal Procedure, 1973 for issuance of direction for order registration of a criminal offence and/or to direct the officer in charge of the police station concerned to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same.
27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself).
The High Court should discourage the practice of filing a writ petition or petition under Section 482 CrPC simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the police officers concerned, and if that is of no avail, under Section 156(3) CrPC before the Magistrate or by filing a criminal complaint under Section 200 CrPC and not by filing a writ petition or a petition under Section 482 CrPC.
Drafted By Abhijit Mishra
