The Allahabad High Court has set aside an order directing a criminal investigation against police personnel because the Special Judge failed to apply the safeguards introduced by sections 175(3) and 175(4) of the Bharatiya Nagarik Suraksha Sanhita.
The court said the judge treated allegations in Sandhya Jaiswal’s complaint as conclusive without deciding whether a preliminary inquiry was necessary, considering the police report already obtained or examining the requirements governing complaints against public servants.
Calling the 2 September order non-speaking and unreasoned, Justice Santosh Rai held that the omission amounted to material non-application of mind. The 13 October 2026 judgment allowed the appeal, set aside the investigation order and quashed consequential proceedings arising from it.