Sakiri Vasu v. State of U.P.
Rule established
Where police refuse to register an FIR, the aggrieved person should approach the Magistrate under S.156(3) CrPC (now S.175(3) BNSS) rather than the High Court under Art.226. The Magistrate can direct police to register FIR and investigate, and can monitor the investigation.
Facts
- The petitioner's land was illegally encroached upon. When he approached the police for filing an FIR, the police refused to register the complaint.
- Instead of approaching the Magistrate under S.156(3) CrPC, he filed a writ petition under Art.226 before the High Court.
- The Supreme Court addressed the proper remedy available.
Issues
- What remedy is available to a person when police refuse to register an FIR?
- Whether the Magistrate under S.156(3) CrPC can direct registration of FIR and investigation?
Held
- When police refuse to register an FIR, the proper remedy is to approach the Magistrate under S.156(3) CrPC (now S.175(3) BNSS), not the High Court.
- The Magistrate under S.156(3) has power to:
- Direct registration of FIR by the police
- Order investigation into the complaint
- Monitor the investigation to ensure fairness
Ratio Decidendi
The Magistrate is the first constitutional safeguard against police inaction. S.156(3) provides a readily available remedy that is effective and accessible. Citizens should not bypass this statutory mechanism to burden superior courts.
How to use it in an exam
- Part A (6 marks): Cite for S.175(3) BNSS: Magistrate's power to direct investigation. Key line: "Proper remedy for FIR refusal is S.156(3), not Art.226."
- Part B (15 marks): Essential for: (a) S.175(3) BNSS analysis, (b) pre-cognizance powers of Magistrate, (c) pairs with Lalita Kumari (mandatory FIR registration) and Priyanka Srivastava (Magistrate's gatekeeping role).
Source
Source: SCC
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Complaints to MagistratesRemedy when police refuse to register FIR