Referring to a decision of the Supreme court, Allahabad High court said that Judicial Magistrate is empowered to supervise the case including registering an first information report to the police, to conduct fair investigation of the registered F. I. R. , Replacing the investigating officer for not doing proper investigation or transfer the investigation to another agency under the section 156(3) code of criminal procedure.
According to the case, petitioner Satya Prakash had filed a petition in the High court seeking to issue an order to conduct a fair investigation of the kidnapping case registered in 2021 at Gunnaur police station. The petitioner alleged that the police was in touch with the accused.Police is not investigating property. the police have not yet arrested any accused nor filed chargesheet in the registered F. I. R
Disposing of the petition, a division bench of Justice Anjani Kumar Mishra and Justice Deepak Verma said that the petitioner can take advantage of the powers vested in the magistrate by seeking the application before the Judicial Magistrate.if the police is not doing proper investigation.
