ComplaintFIRSupreme Court of India

Sakiri Vasu v State of U.P.

(2008) 2 Supreme Court Cases 40920081 min read
The case in brief30-second read
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.
Issue
What remedy is available to a person when police refuse to register an FIR?
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.
Principle
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.
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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

  1. What remedy is available to a person when police refuse to register an FIR?
  2. 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.

Exam use

How to use it in an answer

  • 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).

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Citation

Sakiri Vasu v. State of U.P. (2008) 2 Supreme Court Cases 409

Reported: SCC. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.