✦ Allahabad High Court

Sangita Katheriya @ Sangita Devi v. Rai

CRIMINAL MISC. WRIT PETITION No. 21995 of 2025SALIL KUMAR RAI, DIVESH CHANDRA SAMANT, STATE BIHAR2 min read

Case at a glance

Outcome

Dismissed

The writ petition is dismissed

Key paragraphs

  • Para 1717. 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 F.I.R. and of ordering a proper investigation if the…

Judgment

"a) to issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to ensure fair, proper and time-bound investigation in FIR no. 132 of 2025, Police Station- Civil Lines, District-Etawah. " In Paragraph nos. 15 to 17 of its judgment in Sakiri Vasu vs. State of Uttar Pradesh & Ors. (2008) 2 SCC 409, the Supreme Court has observed as follows : - "15. Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. 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.

16.

The power in the Magistrate to order further investigation under Section 156(3) is an independent power, and does not affect the power of the investigating officer to further investigate the case even after submission of his report vide Section 173(8). Hence the Magistrate can order re-opening of the investigation even after the police submits the final report, vide State of Bihar vs. J.A.C. Saldanha (SCC : AIR para 19).

Operative part

17.

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 F.I.R. 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. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation. " 2 CRLP No. 21995 of 2025 The provisions in B.N.S.S., 2023 which corresponds to Section 156(3) of Cr.P.C. is Section 175(3) of B.N.S.S. In case, the petitioner has any grievance against the manner in which the investigation is being conducted, the petitioner has the remedy to approach the concerned Magistrate under Section 175(3) of B.N.S.S. / Section 156(3) of Cr.P.C. It is not a case for interference by this Court under Article 226 of the Constitution of India, at this stage. The writ petition is dismissed. October 9, 2025 Satyam (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) SATYAM AGRAHARI High Court of Judicature at Allahabad

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The writ petition is dismissed

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — ch. XII; Code of Criminal Procedure, 1973 — s. 156(3); Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 175(3); Constitution of India — art. 226.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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