Case Note & Summary
The petitioners, who were advocates representing claimants in land acquisition references, challenged the judgment and order dated 19.01.2026 passed by the Civil Judge, Senior Division, Jalgaon in L.A.R. No.5 of 2025. The impugned order contained directions in Clause Nos.3 and 4 whereby the Reference Court directed the District Collector, Jalgaon to lodge an FIR/police report against all claimants in L.A.R. Nos.74 of 2017 to 81 of 2017 and L.A.R. Nos.5 of 2025 to 13 of 2025, and also directed the Assistant Superintendent of Court to file separate complaints with the Judicial Magistrate against the claimants and advocates in respective claim petitions for offences under Section 215(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The background facts are that the State of Maharashtra initiated land acquisition proceedings for construction of Atalgavhan Minor Irrigation Tank. Notification under Section 4 was published on 14.07.2011 and award under Section 11 of the Land Acquisition Act was passed on 29.09.2012. Aggrieved land owners made references under Section 18 seeking enhancement of compensation. During pendency of claim petitions, the respondents (State authorities) alleged that claimants in L.A.R. Nos.5 of 2025 to 13 of 2025 had prepared forged and fabricated documents, and filed additional written statements contending that the references were presented with forged reference letters. The Reference Court, without conducting any inquiry or affording opportunity of hearing to the claimants or their advocates, passed the impugned directions. The High Court examined the scope of Section 215 BNSS and held that the power to make a complaint under that section is limited to the court itself making a complaint in writing, and does not extend to directing a third party like the District Collector to lodge an FIR. Moreover, the court must follow the procedure under Section 238 BNSS and afford an opportunity of hearing before making such a complaint. Since the Reference Court did not follow any such procedure, the impugned directions were without jurisdiction and liable to be quashed. The High Court allowed the writ petition, quashing Clause Nos.3 and 4 of the impugned order.
Headnote
A) Civil Procedure - Land Acquisition Reference - Reference Court's Power to Initiate Criminal Proceedings - Section 215 BNSS - The Reference Court, while deciding land acquisition references, directed the District Collector to lodge FIR and the Assistant Superintendent of Court to file complaints against claimants and advocates for alleged forgery of documents. The High Court held that such directions were without jurisdiction as the Court did not conduct any inquiry or afford opportunity of hearing to the affected parties. The power under Section 215 BNSS is limited to making a complaint in writing, not directing police to lodge FIR. The impugned directions were quashed. (Paras 2-10) B) Criminal Procedure - Offences Affecting Administration of Justice - Section 215 BNSS - Scope and Procedure - Section 215 BNSS empowers a court to make a complaint in writing regarding offences committed in its presence or in relation to its proceedings. However, the court must follow the procedure under Section 238 BNSS and afford an opportunity of hearing before making such complaint. The court cannot direct a third party to lodge an FIR or file a complaint without following due process. (Paras 8-10)
Issue of Consideration
Whether the Reference Court could direct the District Collector to lodge an FIR and the Assistant Superintendent of Court to file complaints under Section 215 BNSS against claimants and advocates without proper inquiry and without affording them an opportunity of hearing.
Final Decision
The High Court allowed the writ petition and quashed Clause Nos.3 and 4 of the impugned judgment and order dated 19.01.2026 passed by Civil Judge, Senior Division, Jalgaon in L.A.R. No.5 of 2025.
Law Points
- Reference Court cannot direct lodging of FIR or filing of complaint under Section 215 BNSS without proper inquiry and without affording opportunity of hearing
- Reference Court's power under Section 215 BNSS is limited to making a complaint in writing
- not directing police to lodge FIR
- Order directing District Collector to lodge FIR and Assistant Superintendent to file complaints is without jurisdiction and liable to be quashed
