Madhya Pradesh High Court Directs Police to Enquire Complaint of Cognizable Offence
Authorities Ordered to Conduct Preliminary Enquiry and Decide on FIR Registration Within 90 Days
In a significant ruling, the Madhya Pradesh High Court has issued directions to the state police authorities to conduct a preliminary enquiry on a complaint filed by M/s Aaratrika Trader, concerning a cognizable offence. The petitioner had approached the court, alleging non-action by the police on his complaint filed on September 6, 2025.
The case, heard by Justice Pranay Verma, revolved around the alleged inaction of the police despite a complaint suggesting a cognizable offence committed by certain respondents. The petitioner sought the court's intervention under Article 226 of the Constitution of India, requesting directions for the authorities to register an FIR if a cognizable offence is established.
During the proceedings, the petitioner's counsel, Shri Yamak Sharma, emphasized the duty of the police to register an FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which mandates registration of every information relating to a cognizable offence punishable between 3-7 years. He argued that the police had failed to act on the complaint, thus hampering the petitioner's ability to pursue further legal remedies.
The Government Advocate, Dr. Amit Bhatia, countered by stating that the petitioner had alternate remedies and the petition was not maintainable. He suggested that the petitioner should approach appropriate authorities to address his grievances.
Upon reviewing the case, Justice Pranay Verma clarified that the existence of alternate remedies does not preclude the filing of a petition under Article 226, especially when fundamental rights are potentially violated or when the petitioner is denied an opportunity for a hearing. The court referred to the precedent set in Lalita Kumari v. Govt. of U.P., which mandates the registration of an FIR if a cognizable offence is evident.
The judgment instructed the police to conduct a preliminary enquiry to ascertain whether a cognizable offence has occurred. Based on the findings, the authorities must either register an FIR or inform the petitioner if no cognizable offence is found. This decision must be made within 90 days from the date of receiving the certified court order.
The ruling underscores the court's commitment to ensuring timely action on complaints of cognizable offences, thereby reinforcing the principles laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner’s plea has been disposed of with these directives, ensuring that his complaint receives due consideration from the authorities.
Bottom Line: Non-action by police on a complaint regarding a cognizable offence - Court directed authorities to conduct a preliminary enquiry under Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023, and either register an FIR if cognizable offence is made out or inform the complainant if no such offence is found.
Statutory provision(s): Article 226 of the Constitution of India, Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023
