TACIT LEGAL 21-01-2026
One of the most common grievances faced by complainants in criminal law is the non-registration of FIR or improper and biased investigation by the police. Many aggrieved persons directly approach the High Court under Article 226 of the Constitution or Section 482 CrPC. However, the Supreme Court of India has categorically clarified that the Magistrate plays a pivotal role in ensuring a fair and proper investigation.
The landmark judgment in Sakiri Vasu v. State of U.P. & Ors. decisively explains the extent of powers of a Magistrate under Section 156(3) CrPC, including the power to direct registration of FIR and monitor investigation
Background of the Case
The case arose from the mysterious death of an Army Major whose father alleged murder instead of suicide. Dissatisfied with the police investigation and Army inquiry reports, the petitioner sought a CBI investigation by approaching the High Court, which dismissed the petition. The matter ultimately reached the Supreme Court.
The key legal issue before the Court was whether a Magistrate has the power to intervene when police fail to register an FIR or conduct a proper investigation.
Statutory Scheme under the CrPC
The Supreme Court carefully explained the remedial framework available to an aggrieved person:
Section 154(1) CrPC – Registration of FIR at Police Station, Section 154(3) CrPC – Complaint to Superintendent of Police, Section 36 CrPC – Complaint to superior police officers, Section 156(3) CrPC – Application before Magistrate, Section 200 CrPC – Filing of private criminal complaint
The Court emphasized that rushing to High Courts should be discouraged when these remedies exist
The magistrate can direct the FIR to be registered and also can direct the proper investigation to be made, in case where, according to aggrieved person, no proper investigation is made. The magistrate can also under the same provision monitor the investigation to ensure a proper investigation.
Power of Magistrate under Section 156(3) CrPC
1. Power to Direct Registration of FIR:- The Supreme Court held that a Magistrate can direct the police to register an FIR, even if the Magistrate does not explicitly use the words “register FIR” in the order. Once investigation is ordered under Section 156(3), registration of FIR becomes mandatory. “Section 156(3) CrPC is wide enough to include the power to order registration of an FIR.”
In our opinion section 156(3) Cr.P.C is wide enough to include all such powers in a magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the magistrate is satisfied that a proper investigation has not been done, or is not being done by the police.
2. Power to Order Proper Investigation If the Magistrate finds that:- No investigation has been done, or Investigation is perfunctory, biased, or ineffective, he can direct fresh or further investigation, even after submission of a police report.
3. Power to Monitor Investigation:- A crucial legal principle laid down is that: – The Magistrate can monitor the investigation to ensure fairness, though he cannot himself investigate. This monitoring power is implicit and necessary to prevent misuse of police discretion
Magistrate has power to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same.
Doctrine of Implied Powers :- The Court applied the doctrine of implied powers, holding that when a statute grants power, it also grants all incidental powers necessary to make that power effective.
Thus, although Section 156(3) is brief, it includes:-
Ordering FIR registration, Directing proper investigation, Monitoring investigation progress
Limitation:- No Power to Direct CBI Investigation
The Court clarified that: Magistrates cannot direct investigation by CBI, Only High Courts (Article 226) and Supreme Court (Article 136) can do so Even then, CBI investigation should be ordered sparingly
Guidance to High Courts:- The Supreme Court strongly discouraged the growing trend of filing:
Writ petitions for non-registration of FIR, Petitions under Section 482 CrPC for investigation grievances
Instead, litigants must be relegated to the Magistrate under Section 156(3) CrPC
Practical Significance of the Judgment
This judgment:- Strengthens judicial oversight over police investigation, Empowers Magistrates as protectors of fair investigation, Provides an effective remedy to victims without burdening High Courts
Ensures accountability in criminal justic administration
Conclusion
The Supreme Court has conclusively settled that Section 156(3) CrPC is a powerful weapon in the hands of Magistrates. It serves as a vital check on police inaction, arbitrariness, and mala fide investigation. For complainants, it offers a speedy, effective, and accessible remedy without unnecessary constitutional litigation.
Case details :-
Criminal appeal number 1685 of 2007 arising out of slp number 6404/2007
Sakiri Vasu vs State of UP &Ors.
