Madhya Pradesh High Court Quashes Revisional Court Order on FIR Registration

Court Clarifies Magistrate's Role in FIR Registration Does Not Equate to Taking Cognizance

In a significant ruling, the Madhya Pradesh High Court has quashed an order by the Revisional Court that erroneously held the Magistrate's directive to register an FIR under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as taking cognizance of the offence. The judgment, delivered by Justice Milind Ramesh Phadke, emphasizes the procedural distinction between directing an investigation and taking cognizance under the law.

The case stemmed from an incident involving petitioner Ashish Jain, who alleged police misconduct and wrongful arrest following a dispute with a Sub-Inspector regarding a parked vehicle. Despite Jain's complaints, no action was initially taken, prompting him to seek judicial intervention. The Magistrate directed the registration of an FIR, which was contested by the Sub-Inspector in the Revisional Court.

The Revisional Court had partly allowed the revision, misinterpreting the Magistrate's directive as cognizance of the offence. However, the High Court clarified that under Section 156(3) BNSS, 2023, a Magistrate's order to register an FIR and investigate does not amount to taking cognizance, which occurs only when a complaint is examined under Section 200 BNSS, 2023. The High Court found the Revisional Court's interpretation unsustainable and reiterated the established legal position.

This ruling underscores the procedural safeguards in criminal investigations, ensuring that judicial directions for investigations are not misconstrued as prejudging the merits of a case. The Court also directed that any closure report filed by the investigating agency be considered strictly in accordance with the law, maintaining the integrity of the judicial process.

Bottom Line:

Magistrate's prima facie satisfaction for directing registration of FIR under Section 156(3) BNSS, 2023 (previously Section 156(3) CrPC) does not amount to taking cognizance of the offence. Cognizance is taken only under Section 200 BNSS, 2023 (previously Section 200 CrPC) upon examination of complainant and witnesses. 

Statutory provision(s):  Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 156(3), 200, 528 (Corresponding to Sections 156(3), 200, 482 CrPC)

Ashish Jain v. State of Madhya Pradesh, (Madhya Pradesh)(Gwalior) : Law Finder Doc Id # 2789455