What did the Supreme Court decide in Sakiri Vasu?

The Court said a Magistrate has wide power under Section 156(3) CrPC to order registration of FIR and ensure proper investigation, instead of directly asking for CBI in routine.

If police refuse to register an FIR, what should a person do?

First approach the Superintendent of Police under Section 154(3) CrPC. If still not resolved, apply to the Magistrate under Section 156(3) CrPC for directions.

Can High Courts or the Supreme Court order CBI investigation easily?

No. Such directions are reserved for rare and exceptional cases. Routine matters should go through the CrPC route and the Magistrate’s powers.

Does Section 156(3) apply only before FIR is registered?

It can apply both when FIR is not yet registered and when investigation quality is doubtful; the Magistrate can supervise by issuing directions.

Is filing a writ petition necessary in such cases?

Not usually. The Court advised using remedies under Sections 154(3) and 156(3) first. Writs should be used sparingly when no effective alternative exists.

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Sakiri Vasu v. State of U.P. and Others (2008) — Section 156(3) CrPC & Magistrate’s Power | The Law Easy

Sakiri Vasu v. State of U.P. and Others (2008)

Supreme Court clarified the Magistrate’s wide power under Section 156(3) CrPC to order FIR and guide investigation—prefer using CrPC remedies before asking for CBI.

Supreme Court 2008 Criminal Procedure (2008) 2 SCC 409 Katju & Singhvi, JJ. ~4 min read

By Gulzar Hashmi Published: 27 Dec 2023 India

Criminal Procedure Code, 1973 (CrPC) Supreme Court Section 156(3) Section 154 & 154(3) Section 482

Quick Summary

In this case, the Supreme Court told us a simple path: if the police do not register an FIR or do a poor investigation, do not jump to the High Court or ask for CBI straight away. First, use Section 154(3) CrPC (go to the Superintendent of Police). If that fails, ask the Magistrate under Section 156(3) CrPC to order registration of FIR and a proper investigation. The Magistrate has wide powers to supervise and issue directions. The Court discouraged routine use of writs and CBI orders.

Issues

Can a person demand investigation by a special agency of their choice (like CBI)?
What is the correct remedy when police do not register an FIR or investigate properly?

Rules (CrPC)

Section 154(1)

Information of a cognizable offence must be recorded as FIR; a free copy is given to the informant.

Section 154(3)

On refusal, write to the Superintendent of Police to get the case investigated.

Section 156(3)

The Magistrate can order registration of FIR and direct a fair investigation.

Section 36

Senior police officers can exercise powers similar to an officer-in-charge.

Section 482

High Court’s inherent powers exist to prevent abuse of process, but should not replace the regular CrPC route.

Facts (Timeline)

Case timeline illustration for Sakiri Vasu case

23 Aug 2003 — Major Ravishankar (son of the appellant) was found dead at Mathura Railway Station.

29 Aug 2003 — GRP Mathura concluded “accident/suicide.” Army inquiries also said “suicide.”

Later — Father alleged murder linked to exposing corruption; dissatisfied with findings.

High Court — Writ petition dismissed.

Supreme Court — Appeal by SLP under Article 136; request for special investigation.

Note: The case is known for process clarity, not for re-finding the facts.

Arguments

Appellant

Death was not suicide; it was murder due to alleged corruption exposure.
Police/Army inquiries were incomplete or biased.
Requested investigation by a special agency (CBI).

Respondents

Findings already concluded suicide; process followed.
Special agency not needed in ordinary course.
Proper remedy exists within CrPC framework.

Judgment

The Supreme Court dismissed the appeal. It explained that the correct and effective route is to use Section 154(3) and then Section 156(3) CrPC. The Magistrate can order FIR, monitor the investigation, and issue directions to make it fair. Courts should not casually direct CBI/other special agencies; such orders are for rare and exceptional cases.

Ratio Decidendi

Section 156(3) CrPC has wide scope: Despite brief wording, it empowers the Magistrate to order FIR and ensure a proper investigation.
Use statutory remedies first: Section 154(3) → Section 156(3) is the normal path; writs under Article 226/32 and CBI directions are not the first choice.
HC/Supreme Court caution: Do not flood the CBI; keep extraordinary powers for exceptional facts.

Why It Matters

This ruling guides students, lawyers, and citizens on the practical steps when police do not act. It also protects the balance—Magistrates supervise routine cases while higher courts and CBI step in only when truly needed.

Key Takeaways

First try Section 154(3) (SP) if FIR is refused.
Then move the Magistrate under Section 156(3).
Magistrate may order FIR and direct a fair investigation.
Use writs/CBI directions only in exceptional cases.
Section 482 is not a shortcut to bypass CrPC remedies.

Mnemonic + 3-Step Hook

Mnemonic: “S-MART”

S—Section 154(3): write to SP.
M—Magistrate: Section 156(3).
AR—Assure Registration: order FIR.
T—Track Investigation: supervise directions.

3-Step Hook

Refusal? Write to SP (154(3)).
Still stuck? Move Magistrate (156(3)).
Only if exceptional: Consider writ/CBI.

IRAC Outline

Issue

Can a person insist on a special agency like CBI, or should they use CrPC steps first?

Rule

Sections 154(1), 154(3), 156(3), 36, and 482 CrPC.

Application

Use SP route; then Magistrate to order FIR and supervise investigation.

Conclusion

Appeal dismissed; CBI orders are for rare cases; rely on Magistrate’s powers.

Glossary

Term	Meaning
FIR	First Information Report—formal recording of a cognizable offence.
Section 154(3)	Remedy to approach the Superintendent of Police if FIR is refused.
Section 156(3)	Magistrate’s power to order FIR and guide investigation.
Section 482	High Court’s inherent powers—used sparingly.
CBI	Central Bureau of Investigation—special agency; used in exceptional cases.

FAQs

Generally, no. Follow CrPC steps—SP under 154(3), then Magistrate under 156(3). CBI is for rare, exceptional facts.

You may still move the Magistrate under Section 156(3) to ensure proper investigation and necessary directions.

Not ordinarily. Use the CrPC remedies first. Writs are for situations where those remedies are ineffective or unavailable.

Yes. The Magistrate can give suitable directions to secure a fair and complete investigation.

Comment

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