The Allahabad High Court has set aside an order directing registration and investigation of a case against police officers, holding that a court must apply the special safeguards in the Bharatiya Nagarik Suraksha Sanhita when allegations concern official duties.
Justice Santosh Rai said Sections 173(4) and 175(3)–(4) require a reasoned judicial assessment. Before ordering investigation of a complaint against a public servant, the court must consider a superior officer’s report and the public servant’s version. That exercise cannot be reduced to a mechanical direction, although the absence of a timely report does not justify indefinite delay.
The 9 October 2026 judgment quashed the Special Judge’s 11 August order and all consequential proceedings.
It also directed district judges across Uttar Pradesh to circulate the ruling and use monitoring cells to check compliance. Copies must go to the state prosecution and police leadership for awareness and implementation.