Court Affirms Special Courts Not Obliged to Automatically Register FIRs for Scheduled Caste or Tribe Applicants
In a significant judgment delivered on March 9, 2026, the Allahabad High Court, presided over by Justice Anil Kumar-X, has reaffirmed the judicial discretion afforded to Special Courts or Magistrates in directing the registration of First Information Reports (FIRs). The court was hearing a criminal appeal filed by Kusum Kannaujiya against the State of Uttar Pradesh and others, challenging the order of a Special Judge under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.
The appellant, Kusum Kannaujiya, contended that the Special Court erred in not directing the registration of an FIR under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The appellant argued that the court conducted an inquiry, which is prohibited, instead of directing the police to register an FIR based on her application.
The court addressed two primary questions: whether a Special Court is bound to register an FIR solely based on the applicant's caste or tribe status, and whether the provisions of the SC/ST Act impose such a duty on the courts.
Justice Anil Kumar-X, in his detailed judgment, clarified that while the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and its accompanying rules emphasize prompt action by police officers and public servants, they do not curtail the judicial discretion of the courts. The court emphasized that Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides discretionary power to the court, akin to the earlier Section 156(3) Cr.P.C., allowing the court to evaluate the allegations before deciding on the registration of an FIR.
The judgment also referenced previous rulings such as Priyanka Srivastava v. State of Uttar Pradesh and Hitesh Verma v. State of Uttarakhand, which highlight the necessity for courts to apply judicial mind rather than mechanically directing FIR registration.
Ultimately, the court dismissed the appeal, reinforcing that the judicial process requires careful assessment of allegations to determine the appropriate course of action, which may include treating the application as a complaint case instead of immediately directing police investigation.
Bottom Line:
Special Court or Magistrate under Section 173(4) Bharatiya Nagarik Suraksha Sanhita, 2023 is not automatically bound to direct registration of an FIR merely because the applicant belongs to the Scheduled Caste or Scheduled Tribe community; judicial discretion is required to evaluate allegations and decide appropriate action.
Statutory provision(s): Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 4, 18A, Rule 5 of SC/ST Rules, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 173(4)
Kusum Kannaujiya v. State of U.P., (Allahabad) : Law Finder Doc id # 2864398
