Case Note & Summary
The case involved a criminal petition filed by three petitioners seeking to quash an FIR registered against them under various sections of the Indian Penal Code. The FIR was filed by the respondent after no action was taken by the Kengeri Police Station, leading to a private complaint being filed under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The learned Magistrate referred the matter for investigation without hearing the police officer's submission regarding the refusal to register the FIR. The petitioners contended that this was a violation of Section 175(3) of the BNSS, which mandates that the Magistrate must consider the police officer's submission before ordering an investigation. The court noted that the Hon'ble Apex Court in Om Prakash Ambadkar vs. The State of Maharashtra had established that the Magistrate's failure to hear the police officer constituted a significant procedural error. The court allowed the petition, set aside the Magistrate's order, and remanded the matter for fresh consideration, emphasizing the need for compliance with the statutory requirements and ensuring that the police officer's submissions are duly considered. The court also directed that a copy of the order in the Om Prakash Ambadkar case be forwarded to all Magistrates dealing with private complaints to prevent similar procedural errors in the future.
Headnote
A) Criminal Procedure - FIR Registration - Magistrate's Duty - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 - The court held that a Magistrate must hear the police officer's submission regarding the refusal to register an FIR before referring a private complaint for investigation, ensuring judicial accountability and compliance with statutory requirements. The order directing police investigation was set aside and remanded for fresh consideration (Paras 9-11).
Issue of Consideration
Whether a Magistrate can refer a private complaint for investigation under subsection (3) of Section 175 of BNSS without hearing the submission of the jurisdictional police regarding the refusal to register the FIR.
Final Decision
The court allowed the criminal petition, set aside the order dated 3.3.2025 passed by the 6th ACJM, Bengaluru, and remanded the matter for fresh consideration in compliance with the directions from the Hon'ble Apex Court.
Law Points
- Quashing of FIR
- Magistrate's powers
- Police investigation
- Judicial accountability
- Private complaint procedure
