The Supreme Court has ruled that magistrates must exercise judicial discretion when considering requests for police investigations, rather than mechanically directing FIR registrations. The court underscored that magistrates are not mere intermediaries and should assess whether a case warrants police involvement before passing an order.
A bench of Justices JB Pardiwala and R Mahadevan examined an appeal challenging the Bombay High Court’s decision to uphold a magistrate’s directive for FIR registration against a police officer. The complaint alleged assault and humiliation, but the Supreme Court determined that even if the claims were true, they did not meet the legal criteria for the alleged offenses. Consequently, the magistrate’s order was overturned.
The court also analyzed amendments under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, particularly Section 175(3), which introduces new procedural safeguards before an FIR can be registered against a public servant. These safeguards include requiring a report from a superior officer and allowing the magistrate to consider the police’s reasoning for refusing an FIR.
By enforcing stricter guidelines, the Supreme Court aims to prevent the misuse of magisterial powers and ensure that police investigations are warranted and legally justified. The ruling reinforces the necessity for magistrates to provide well-reasoned decisions when ordering FIR registrations.