Court directs petitioners to seek statutory remedies under BNSS, 2023, for unregistered FIRs, reaffirms judicial authority against police interference.
In a significant judgment passed on March 9, 2026, the Allahabad High Court, comprising Justices J.J. Munir and Vinai Kumar Dwivedi, underscored the importance of following statutory remedies provided under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), when addressing issues of unregistered cognisable offences by police authorities.
The case involved petitioner Sandeep Audichya, who filed a writ petition seeking a time-bound decision on his representation to the Superintendent of Police, Farrukhabad. The representation, dated August 19, 2025, requested action on a cognisable offence that had not been recorded by the police.
The High Court, while acknowledging the petition, reiterated the statutory remedies available under Sections 173(4) and 175(3) of the BNSS. Justice Munir highlighted that if the officer-in-charge at a police station fails to record a cognisable offence, the informant can escalate the matter to the Superintendent of Police. Should the Superintendent also fail to act, the informant has the right to approach a Judicial Magistrate.
The court expressed concern over the increasing tendency of filing writ petitions for issues where statutory remedies are available, emphasizing that such petitions often render the court powerless. The court noted that the judiciary's role is not to direct authorities to take actions but to ensure that statutory processes are followed.
Justice Munir further stressed the critical role of Judicial Magistrates in upholding justice, stating that they should not hesitate to exercise their jurisdiction, even when faced with undue pressure or interference from police officers. The court advised that in instances of police intimidation, Magistrates could make a contempt reference to the High Court.
In dismissing the petition, the court clarified that the petitioner should pursue the prescribed statutory remedies for the registration of the First Information Report (FIR) by moving the competent Magistrate. The order was communicated to the Superintendent of Police and the Station House Officer, Farrukhabad, through the Chief Judicial Magistrate to ensure compliance.
This judgment reinforces the accountability mechanisms within the BNSS, 2023, and reiterates the judiciary's commitment to ensuring that justice is served without succumbing to external pressures.
Bottom Line:
Remedy under Section 173(4) and Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is available for refusal or failure by police authorities to act on a cognisable offence. Judicial Magistrates must exercise their authority without hesitation, even in the face of pressure or interference from police officers.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 173(4), 175(3); Constitution of India, 1950 Article 226.
Sandeep Audichya v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2868201
