SUPREME COURT OF INDIA Before :- A.K. Mathur & Markandey Katju, JJ. Criminal Appeal No. 1685 of 2007 (Arising out of Special Leave Petition (Criminal) No. 6404/2007). D/d. 7.12.2007. IMPORTANT Criminal offence - Police not registering FIR - Magistrate has power under section 156(3) Cr.P.C. to order Police to register FIR though such power is not expressly mention in Section 156(3) Cr.P.C. IMPORTANT Criminal offence - Police not registering FIR - Petition under Section 482 - Petition not be entertained - Petitioner should be relegated to Magistrate - Magistrate has power to under Section 156(3) Cr.P.C. to direct Police to Register FIR. Sakiri Vasu - Appellant Versus State of U.P. and others - Respondents For the Appellant :- Dinesh Kumar Garg, Advocate. A. Criminal Procedure Code, Section 156 - Magistrate has very wide power under Section 156 - (1) Magistrate has power to direct police to register FIR. (2) Magistrate can monitor investigation. (3) Magistrate can order reinvestigation and re-opening of investigation on submission of final report by Police if investigation not done satisfactorily. (4) Magistrate, however, cannot direct C.B.I. to investigate. [Para 27] B. Criminal Procedure Code, Sections 156(3) and 154 - Criminal Procedure Code, Section 173(8) - Criminal offence - Police registering the case, but not conducting proper investigation - Complainant can approach the Magistrate under Section 156(3) Cr.P.C. - Magistrate will ensure proper investigation - Held :- (1) In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same. (2) Magistrate can order re-opening of the investigation even after the police submits the final report. (3) Magistrate can monitor investigation to ensure that the investigation is done properly. 2007(4) RCR(Crl.) 115 : 2007(5) RAJ 37 (SC) and AIR 1980 SC 326 relied. [Paras 13, 14, 15, 16 and 27] C. Criminal Procedure Code, Section 156(3) - Criminal Procedure Code, Section 154 - Scope of power of Magistrate under Section 156(3) - Criminal complaint - Police not registering the case - Magistrate can order Police to register FIR in exercise of power under Section 156(3) Cr.P.C. - Section 156(3) though briefly worded is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation - Even though these powers have not been expressly mentioned in Section 156(3) Cr.P.C., They are implied in the above provision. [Paras 17, 18 and 24] D. Doctrine of implied power - When any power is expressly granted by the statute, there is impliedly included in the grant, even without special mention, every power and every control the denial of which would render the grant itself ineffective - Further held :- (1) The reason for the rule (doctrine of implied power) is quite apparent. Many matters of minor details are omitted from legislation. (2) An express grant of statutory powers carries with it by necessary implication the authority to use all reasonable means to make such grant effective. [Paras 18, 19, 20 and 21] E. Criminal Procedure Code, Section 125 - Interim maintenance to wife - Power conferred on the Magistrate under Section 125 Cr.P.C. to grant maintenance to the wife implies the power to grant interim maintenance during the pendency of the proceeding. 1986(1) RCR(Crl.) 83 (SC) relied.[Para 23] F. Delhi Special Police Establishment Act, 1946, Sections 5 and 6 - Criminal Procedure Code, Section 156(3) - Criminal offence - Prayer for investigation by C.B.I. - Held :- No one can insist that an offence be investigated by a particular agency - An aggrieved person can only claim that the offence he alleges be investigated properly, but he has no right to claim that it be investigated by any particular agency of his choice. 1997 Cr.L.J. 63 relied. [Para 10] G. Criminal Procedure Code, Section 36 - Criminal Procedure Code, Sections 154 and 156(3) - Criminal offence - Police not registering FIR - Held :- First remedy of complainant is to approach the Superintendent of Police under Section 154(3) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. - If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. - Moreover he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. - Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies. 2006(1) RCR(Crl.) 450 : 2006(1) Apex Criminal 166 (SC), 2007(4) RCR(Crl.) 115 and 2007(5) RAJ 37 (SC) relied. 2003(3) RCR(Crl.) 556 : 2004(1) Apex Criminal 325 (SC) distinguished. [Paras 11, 26 and 27] G. Criminal Procedure Code, Section 173(8) - Criminal Procedure Code, Section 156(3) - Criminal offence - Final Report submitted by Police to Magistrate after investigation - Magistrate can order re-opening of the investigation even after the police submits the final report. AIR 1980 SC 326 relied. [Paras 16 and 17]
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