- (1.) LEARNED counsel for the petitioner states that Hon'ble Apex Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh and others, (2008) 2 SCC 409, in paragraph nos. 14, 15, 16, 17 and 18, has held that Magistrate has ample power to monitor the investigation. Paragraph nos. 14, 15, 16, 17 and 18 are being reproduced here as under: "14. Section 156(3) states: "Any Magistrate empowered under Section 190 may order such an investigation as above mentioned." The words as above mentioned obviously refer to Section 156(1), which contemplates investigation by the officerincharge of the police station. 15. Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII. Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same. 16. The power in the Magistrate to order further investigation under Section 156(3) is an independent power, and does not affect the power of the Investigating Officer to further investigate the case even after submission of his report vide Section 173(8). Hence the Magistrate can order reopening of the investigation even after the police submits the final report, vide State of Bihar v. A.C. Saldanna, AIR 1980 SC 326 (para 19). 17. In our opinion, Section 156(3), Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation. 18. It is well settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing. In other words, when any power is expressly granted by the statute, there is impliedly included in the grant, even without special mention, every power and every control the denial of which would render the grant itself ineffective. Thus where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary to its execution." Learned counsel for the petitioner, in view of the Judgment of Apex Court in the case of Sakiri Vasu (supra), seeks permission to withdraw this application with liberty to move an appropriate application before the learned Magistrate. Dismissed as withdrawn with aforesaid liberty.;