Court Emphasizes Adherence to Statutory Safeguards in Complaints Against Officials Under BNSS, 2023
In a significant ruling, the Rajasthan High Court has set aside an order directing the registration of an FIR against public servants, highlighting the necessity of adhering to statutory safeguards under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The judgment, delivered by Justice Farjand Ali, quashed the previous order from the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar, which directed the registration of an FIR under Section 175(3) of BNSS, against Prashant Kaushik and others.
The case originated from a private complaint filed by Tek Chand, alleging irregularities by government employees during the investigation of an FIR. The High Court found that the directive for FIR registration was issued without complying with the mandatory procedural safeguards enshrined in Section 223 of BNSS. These safeguards include providing an opportunity for the accused public servants to be heard and obtaining a report from a superior officer, intended to prevent vexatious or retaliatory complaints against officials.
Justice Ali emphasized that the judicial process must not be activated mechanically, especially when the allegations are intertwined with official duties. The judgment underscored the role of judicial scrutiny and the application of mind by magistrates, particularly in cases involving public servants, to ensure balanced and fair legal proceedings.
The court noted that the allegations against the petitioners were primarily related to their official duties, intertwined with pre-existing criminal litigation. The ruling highlighted that the Special Judge had failed to recognize these complexities and did not observe the necessary judicial application, rendering the order unsustainable.
In remanding the case for fresh adjudication, the High Court directed the lower court to undertake a comprehensive evaluation of the complaint, ensuring adherence to the statutory framework. The magistrate is instructed to conduct a preliminary inquiry, provide a meaningful hearing to the accused public servants, and consider reports from superior authorities before proceeding.
This judgment sets a precedent for the careful judicial handling of complaints against public officials, reinforcing the protective measures embedded in the BNSS, 2023, to prevent misuse of the criminal process.
Bottom Line:
The direction to register an FIR under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), without adhering to the statutory safeguards under Section 223 of BNSS, is unsustainable and vitiates the judicial process.
Statutory provision(s): Sections 175(3), 223 of Bharatiya Nagarik Suraksha Sanhita, 2023
Prashant Kaushik v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2879782
