'For Uniformity & Coherence': P&H HC Issues Guidelines For Magistrates To Consider Cancellation Reports, Application To Lodge FIR Under BNSS
1 month, 3 weeks ago

'For Uniformity & Coherence': P&H HC Issues Guidelines For Magistrates To Consider Cancellation Reports, Application To Lodge FIR Under BNSS

Live Law  

The Punjab & Haryana High Court issued a slew of guidelines to magistrates on consideration of cancellation reports and applications to lodge FIRs under section 156 of CrPC. "To ensure uniformity and judicial coherence", the Court issued the following guidelines: Guidelines for considering Cancellation Reports under Section 173 of Cr.P.C. Direct further investigation by the police under Section 156 of Cr.P.C of BNSS) The Magistrate must not direct further investigation solely based on the dissatisfaction of the complainant with the Cancellation Report. "If the complaint presents straightforward allegations that can be directly adjudicated by recording evidence and proceeding to trial, the Magistrate should adopt this course instead of unnecessarily involving the police under Section 156 of Cr.P.C.

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History of this topic

S. 379 BNSS | Court Not Bound To Hold Preliminary Inquiry Before Making Or Refusing To Make Complaint: Orissa High Court
3 weeks, 2 days ago

S. 379 BNSS | Court Not Bound To Hold Preliminary Inquiry Before Making Or Refusing To Make Complaint: Orissa High Court

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The Orissa High Court has held that it is not mandatory on the part of Court to hold a preliminary inquiry as provided under Section 379 of the Bharatiya Nagarik Suraksha Sanhita into commission of offences referred to in Section 215, BNSS in order to make or reject to make complaint. In order to decide maintainability of the petition, the …

S. 175(3) BNSS | Mandatory For Magistrate To Hear Police Officer On Refusal To Register FIR Before Passing Order For Investigation: Orissa HC
1 month, 2 weeks ago

S. 175(3) BNSS | Mandatory For Magistrate To Hear Police Officer On Refusal To Register FIR Before Passing Order For Investigation: Orissa HC

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The Orissa High Court has held that before passing order for investigation, it is mandatory for the Magistrate to hear the submissions of the police officer upon his refusal to register First Information Report, apart from considering the application supported by an affidavit made by the complainant to the Superintendent of Police and making proper inquiry. Clarifying the position of …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
3 months, 3 weeks ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

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Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

Is Not The Magistrate A Prisoner Of Section 175 (3) Read With Section 173 (4) Of BNSS?
4 months ago

Is Not The Magistrate A Prisoner Of Section 175 (3) Read With Section 173 (4) Of BNSS?

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What impelled me to pen this article is the grievance voiced by some members of the Bar to the effect that on receiving “private complaints” all Magistrates are seeking the report of the Police before deciding to order investigation under Section 175 of the Bharatiya Nagrik Suraksha Sanhita, 2023. and Section 175 of BNSS by means of a tabular statement …

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates
4 months, 1 week ago

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

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The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint. A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them …

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
11 months ago

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court

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The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and. …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 6 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

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The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court
2 years, 11 months ago

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court

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The Madhya Pradesh High Court, Gwalior Bench recently held that false statements made in an application under section 45 of the Indian Evidence Act, which did not have any impact on the outcome of the said application, cannot be a ground to initiate proceedings under section 340 CrPC. The Court then scrutinized the provision under section 340 CrPC and observed …

Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court
3 years, 3 months ago

Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court

Live Law  

The Supreme Court reiterated that the Section 202 CrPC is inapplicable to complaints under Section 138 in respect of the examination of witnesses on oath. "If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases the Magistrate can examine documents to be satisfied that there are sufficient grounds for proceeding …

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court
4 years, 2 months ago

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court

Live Law  

The Lucknow Bench of the Allahabad High Court recently observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to the Police to register an FIR on their complaints, but they should first avail the alternative statutory remedies under the Code of Criminal Procedure, of approaching district police superintendents or magisterial court. Findings …

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