Court Emphasizes Preliminary Inquiry and Court Satisfaction Before FIR in Court-Related Offences
In a significant ruling, the Madhya Pradesh High Court has modified an earlier order regarding the registration of a First Information Report (FIR) in a case involving alleged impersonation of a surety in court proceedings. The judgment, delivered by Justice Vivek Jain on January 7, 2026, emphasizes the necessity for courts to conduct a preliminary inquiry and record prima facie satisfaction before directing the registration of an FIR in offences linked to court proceedings.
The case, Shailendra Sharma v. M/s Indus Residency Pvt. Ltd, revolved around a dispute where a surety was allegedly impersonated to facilitate the disbursement of a decretal amount of Rs. 35.25 lakhs. The petitioner, Shailendra Sharma, challenged an order dated November 18, 2025, from the Executing Court that directed the police to investigate and register an FIR if an offence was discovered.
Justice Jain highlighted Sections 215 and 379 of the Bharatiya Nyaya Sanhita, 2023, which necessitate that courts must conduct a preliminary inquiry into offences related to court proceedings before directing an FIR registration. The court stated that FIR registration should not be left to the discretion of the police without the court's satisfaction.
The order has been modified to require the police to submit an investigation report to the Executing Court before any FIR registration. The FIR can only be registered under the orders of the Executing Court, ensuring judicial oversight in the process.
This judgment underscores the importance of judicial scrutiny in cases involving court proceedings, ensuring that the legal process is not misused. The decision aligns with the Supreme Court's directives in similar cases, emphasizing the need for courts to exercise their judicial mind in such matters.
The ruling also references key cases, including Iqbal Singh Marwah v. Meenakshi Marwah and Sachida Nand Singh v. State of Bihar, which stress the importance of judicial intervention in offences related to court procedures.
Bottom Line:
The Court must apply its mind and conduct a preliminary inquiry under Section 379 of Bharatiya Nyaya Sanhita, 2023, before directing the police to investigate a matter related to an offence committed in or in relation to court proceedings. FIR registration must not be left to the discretion of the police without the Court's satisfaction.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 215, 379
