156(3) ‏Cr.PC: ‏Magistrate ‎can ‎order ‎proper ‎investigation ‎after ‎registration ‎of ‎F۔I۔R۔

SCI 2020
Powers of magistrate  - "2. *This Court has held in Sakiri Vasu v. State of U.P., that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC.*

 If such an application under Section 156(3) CrPC is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, *or if it has already been registered, he can direct proper investigation to be done*  which includes in his discretion, if he deems it necessary, *recommending change of the investigating officer* , so that a proper investigation is done in the matter.
 
 We have said this in Sakiri Vasu case because what we have found in this country is that the High Courts have been flooded with writ petitions praying for registration of the first information report or praying for a proper investigation." 

Even if an FIR has been registered and  *even if the police has made the investigation, or is actually making the investigation, which the aggrieved person feels is not proper, such a person can approach the Magistrate* (instead of High Court) under Section 156(3) CrPC, and if the Magistrate is satisfied he can order a proper investigation and take other suitable steps and *pass such order(s) as he thinks necessary for ensuring a proper investigation*.  All these powers a Magistrate enjoys under Section 156(3) CrPC. "

_Senior Lawyers Fraternity_

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