Court affirms the use of Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for preliminary inquiry instead of FIR registration.
In a significant ruling, the Rajasthan High Court, presided over by Justice Farjand Ali, has upheld the decision of an Additional Chief Judicial Magistrate from Bhadra, Hanumangarh, who opted for a limited inquiry under Section 225 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, instead of registering a First Information Report (FIR) in a criminal complaint case. The decision came in response to a Miscellaneous Petition filed by Jogendra Pal, challenging the Magistrate's order dated May 6, 2025.
The petitioner, represented by Mr. Moti Singh, contended that the learned Magistrate erroneously declined the registration of an FIR and instead sought police assistance for a limited inquiry to ascertain the merits of the complaint. The State of Rajasthan, represented by Mr. N.S. Chandawat, Deputy Government Advocate, and Mr. Manjeet Godara, defended the Magistrate's approach.
The Court meticulously examined the statutory provisions under the BNSS, highlighting that Section 223 mandates the examination of the complainant and any witnesses under oath, which acts as a judicial filter to prevent frivolous complaints. The Magistrate, finding no supporting witnesses or documentary evidence from the complainant, opted to use Section 225 to conduct a limited investigation, thereby facilitating an informed decision on whether to proceed with the case.
Justice Ali emphasized that the investigation under Section 225 is not equivalent to a full-scale police investigation under Section 175, which involves arrest powers and the submission of a charge-sheet. Instead, Section 225 allows for a preliminary inquiry to assist the Magistrate in forming a prima facie opinion, ensuring that the decision to proceed is based on substantive grounds.
The judgment underscores the discretionary power vested in Magistrates to choose the appropriate procedural path, balancing the rights of the complainant and the proposed accused, and avoiding mechanical issuance of process without proper application of mind. The Court found no illegality or jurisdictional error in the Magistrate's decision, affirming that it aligns with the statutory framework and legal precedents.
The Rajasthan High Court's decision clarifies the application of BNSS provisions, reinforcing that not every complaint mandates an FIR registration, and validating the Magistrate's role in safeguarding against frivolous litigations while upholding genuine grievances.
Bottom Line:
The Magistrate has discretion to decide whether to register an FIR or to invoke the limited investigation mechanism under Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023, depending on the circumstances of the case.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 223, 225, 175
Jogendra Pal v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2883155
