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2007 Supreme(SC) 1563

Sakiri Vasu – Appellant
Versus
State of U. P. and others – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. An aggrieved person has the right to request proper investigation of an alleged offence but does not have the right to insist that the investigation be conducted by a specific agency of their choice (!) .

  2. If an FIR has been registered and police investigation has commenced or is ongoing, but the aggrieved person feels the investigation is inadequate, they can approach a Magistrate under Section 156(3) of the Criminal Procedure Code (Cr.P.C.) for appropriate action, including directing a proper investigation (!) .

  3. The power of a Magistrate under Section 156(3) is broad and includes the authority to direct registration of an FIR, monitor investigation, and ensure proper investigation procedures are followed. This power is implied and necessary for effective investigation, even if not explicitly stated (!) (!) (!) .

  4. The High Court has the authority to order a Central Bureau of Investigation (CBI) inquiry, but such an order should only be made if there is material on record that prima facie discloses a case warranting investigation by the CBI or similar agency. It cannot be ordered routinely or solely based on allegations (!) (!) .

  5. The decision to reject a request for a CBI inquiry can be justified if investigations by competent authorities, such as police or specialized agencies, have already been conducted and concluded that the case is of a particular nature (e.g., suicide). The existence of detailed reports and multiple inquiries supports this (!) (!) .

  6. The remedy for grievances related to FIR registration or investigation inadequacies primarily lies in approaching the Superintendent of Police or other police officers under the relevant statutory provisions, or in filing a criminal complaint before a Magistrate. Judicial review via writ petitions or Section 482 petitions should generally be discouraged unless other remedies are exhausted (!) (!) (!) .

  7. The Court emphasizes that the practice of filing writ petitions or petitions under Section 482 Cr.P.C. in matters of FIR registration or investigation is not favored when alternative remedies are available, such as approaching police authorities or Magistrates under the relevant provisions (!) (!) .

  8. The Court recognizes the doctrine of implied powers, which includes the authority of Magistrates to order investigations, monitor investigations, and take necessary steps to ensure proper investigation, even if not explicitly mentioned in the statute (!) (!) .

  9. The Court underscores that investigations conducted by competent authorities, including courts of inquiry and police reports, are significant and can form the basis for concluding whether a case warrants further investigation by a higher agency like the CBI (!) .

  10. Ultimately, the Court dismissed the appeal when the material on record did not justify ordering a CBI inquiry, reaffirming that investigations by competent authorities and reports indicating a case of suicide do not warrant intervention for a CBI investigation (!) .

Please let me know if you need further analysis or specific legal advice.


JUDGMENT

MARKANDEY KATJU, J.—

1.Leave granted.

2.This appeal is directed against the impugned judgment and order dated 13.7.2007 passed by the Allahabad High Court in Criminal Misc. Writ Petition No. 9308 of 2007.

3.Heard learned counsel for the parties and perused the record.

4.The son of the appellant was a Major in the Indian Army. His dead body was found on 23.8.2003 at Mathura Railway Station. The G.R.P, Mathura investigated the matter and gave a detailed report on 29.8.2003 stating that the death was due to an accident or suicide.

5.The Army officials at Mathura also held two Courts of Inquiry and both times submitted the report that the deceased Major S. Ravishankar had committed suicide at the railway track at Mathura junction. The Court of Inquiry relied on the statement of the Sahayak (domestic servant) Pradeep Kumar who made a statement that deceased Major Ravishankar never looked cheerful; he used to sit on a chair in the verandah gazing at the roof with blank eyes and deeply involved in some thoughts and used to remain oblivious of the surroundings. The Court of Inquiry also relied on the deposition of the main eye-witness, gangman Roop Singh, who stated that Major Ravishank






































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