Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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  • The Hon’ble Allahabad HC, in the case of Satyaprakash vs. State of UP and ors. has held that while exercising the powers vested in the Court under Section 156(3) of CrPC, the Court can also monitor the ongoing investigation.
  • In a plea before the HC, the appellants had contended that the police were acting in collusion with the accused persons and were acting in dereliction of their duties as an impartial investigative agency.
  • They further contended that no arrests have been made and no chargesheet has been filed in the case. The accused in the present case were accused of committing an offence under section 363 and 366 of IPC.
  • In rendering their judgement in the present appela, the HC placed reliance on the case of Sudhir Bhaskarrao tambe vs. Hemant Yashwant Dhage (2016)SCC wherein the Apex Court held that the person aggrieved by the way that the investigation was being conducted can approach the Magistrate by filing an application under section 156(3) of CrPC since the Magistrate is even empowered to monitor an ongoing investigation under the aforesaid section.
  • The Court also directed the appellants to file an application in the Magistrate’s Court and filing an application before the HC was not the correct procedure. Reliance was placed upon the decision of the Hon’ble SC in Sakiri Vasu vs. State of UP (2008) SCC wherein it was held that if the aggrieved person feels that the FIR has not been registered, or, if registered, the investigation was not being done, the correct remedy would be not to file a writ petition under Article 226 before the HC, but to file an application under section 156(3) of CrPC before the Magistrate’s Court.
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