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Vinod Valiyatoor – Appellant
Versus
X – Respondent
JUDGMENT :
Nitin Jamdar, C. J.
By this appeal filed under Section 5 of the Kerala High Court Act, 1958, the Appellant had challenged the judgment delivered by the learned Single Judge dated 18 October 2024 in W.P.(C) No.33035 of 2024 filed by Respondent Nos.1 and 2 – the Petitioners.
2. The Petitioners are complainants, who have filed a complaint before the Judicial First Class Magistrate, Ponnani, Malappuram. Respondent No.3 is the State of Kerala represented by the Home Secretary, Thiruvananthapuram, Respondent No.4 is the Superintendent of Police, Respondent No.5 is the Additional Police Superintendent, and Respondent No.6 is the Station House Officer of Malappuram.
3. Petitioner No.1 is a housewife and Petitioner No.2 is her close friend. It is the case of Petitioner No.1 that despite filing complaints to the concerned Station House Officer and District Police Chief regarding the rape by the accused, no FIR was registered. Petitioner No.1 filed Exhibit-P5 complaint under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the Judicial First Class Magistrate Court, Ponnani, on 11 September 2024. The learned Magistrate sought a report from the DIG of Thrissu
The court clarified that Section 175(4) of the BNSS is discretionary, not mandatory, allowing the Magistrate to independently decide on investigations without undue influence from prior orders.
Magistrates have discretion under Section 175(3) B.N.S.S. to treat applications for investigation as complaints, emphasizing judicial reasoning and necessity for police involvement.
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
The court emphasized the necessity of conducting a preliminary inquiry before proceeding with an FIR to prevent abuse of legal process in cases with potential ulterior motives.
(1) Commission of offence by public servant in course of discharge of his official duty – Sub-section (4) of Section 175 is neither an independent / a standalone provision nor a proviso to sub-sectio....
Public servants are not immune from prosecution for criminal acts committed outside the scope of their official duties, and FIR registration is mandatory when a cognizable offense is reported.
Failure to comply with procedural safeguards in the registration of FIR against public servants, specifically ignoring the necessity of a report from a superior officer, renders the Magistrate's orde....
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