Power of Court to monitor investigation

The magistrate on the application given by informant or suomoto pass an order for monitoring of  investigation being conducted by the police officer. Such a power is vested in the Magistrate by section 156(3) of the Cr.P.C. where a Magistrate can pass order for registering  FIR and conducting the investigation.

In case of Sakiri Vasu vs State of U.P. and others 2008(2) SCC 409, Supreme Court observed that “ the magistrate has very wide powers under section 156(3) to direct registration of FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to see that investigation is done properly though he himself cannot investigate.

Whether monitoring of investigation by the court will amount to interfering in the investigation?

In case of Union of India  Vs Prakash Hinduja and anothers 2003 (6) SCC 195 , Supreme Court held that Magistrate has no power to interfere in the investigation conducted by the police. But in case of Sakir Vasu Supra the Supreme Court held that ratio of this decision would only apply when  proper investigation is being done by the police and if magistrate is satisfied that investigation is not being done properly he can certainly direct the Officer-in-Charge of Police Station to conduct the investigation properly and can further monitor the same.