HARPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this petition filed under Section 482 of the Code of Criminal Procedure, petitioner has primarily sought directions to respondent No.3 to proceed against the private respondents.

(2.) IT has been held by the Apex Court in Sakiri Vasu vs. State of U.P. and others, 2008 (1) RCR (Criminal) 392 as under:- ?24. In view of the above mentioned legal position, we are of the view that although Section 156(3) is very briefly worded, there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and/or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same. Even though these powers have not been expressly mentioned in Section 156(3) Cr.P.C., we are of the opinion that they are implied in the above provision.