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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
BRIJ RAJ SINGH
Roli – Appellant
Versus
State of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. – Respondent
JUDGMENT :
BRIJ RAJ SINGH, J.
1. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking setting aside the order dated 20.03.2026 passed by the Chief Judicial Magistrate, Gonda in Criminal Misc. Case No.535 of 2026, CNR No.UPGD040035172026, Smt. Roli Vs. Kanaiyalal and others, under Section 173(4) of BNSS, 2023, Police Station Colonelganj, District Gonda.
2. Brief facts of the case are that on 25.12.2025 at 6 P.M. when the applicant, who is a married women aged about 22 years, was bringing sugarcane leafs for feeding the animals from her sugarcane field, opposite parties no.2 to 5, ambushed in the sugarcane field, caught hold the applicant and started molesting her with malicious intent and forcibly dragged her to sugarcane filed with intention to rape her. When the applicant resisted, they beat her and tore her cloths due to which the applicant suffered severe injuries on her body. On alarm raised by the applicant, opposite parties no.2 to 5 ran away from there. On 25.12.2025 itself, the applicant gave an application to the Police Station Kotwali Colonelganj for lodging an FIR against opposite parties no.2 to 5 and also requested f
distinction between the investigation by the police officer under Section 156(3) and under Section 202(1) Cr.P.C. is that the former is at the pre-cognizance stage and the latter is at post cognizanc....
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 Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
(1) While registration of FIR is mandatory, arrest of accused on registration of FIR is not.(2) Once Magistrate has taken cognizance under Section 190 of Code, he cannot ask for investigation by Poli....
The Magistrate must judiciously exercise discretion in registering FIRs under Section 156(3) Cr.P.C., ensuring that mechanical refusals are avoided when cognizable offences are disclosed.
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
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