Under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate must consider the submissions of the concerned police officer before directing a police investigation into a private complaint; failure to follow this mandatory procedural requirement renders the order of reference unsustainable.

THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ORDER DATED 17-02-2026 IN P.C.R NO. 24/2026 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND J.M.F.C. AT K.R.NAGARA, MYSURU DISTRICT AND CONSEQUENTLY QUASH THE FIRST INFORMATION REPORT IN CRIME NO. 0075/2026 DATED 23-02-2026 REGISTERED BY SALIGRAMA POLICE STATION, K.R. NAGARA TALUK, MYSURU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318, 319, 335 R/W 3(5) OF THE BHARATIYA NYAYA SAMHITA, 2023, TO THE EXTENT IT CONCERNS THE PETITIONERS/ACCUSED NO. 1 AND 2.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

1. The petitioners are before this Court calling in question the order of reference dated 17-02-2026 passed in P.C.R.No.24 of 2026 and the subsequent registration of a crime in Crime No.75 of 2026, for the offences punishable under Sections 318 , 319, 335 read with Section 3(5) of the BNS, 2023.

2. Heard Sri. Nataraj G.M., learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1 and have perused the material on record.

3. The petitioners are accused Nos.1 and 2. Respondent No.2 is the complainant. The complainant registers a private complaint invoking Section 223 of the Cr.P.C. for several offences. The concerned Court refers the matter to the jurisdictional police for investigation under Section 175(3) of the BNSS. Pursuant to the investigation, the jurisdictional police then register a crime in Crime No.75 of 2026 for the aforesaid offences. The issue in the lis is not with regard to the merit of the complaint before the concerned Court. The concerned Court refers the matter for investigation without following the procedure as stipulated under Section 175 of the BNSS. The order of the concerned Court reads as follows:

"1. Complainant is present along with her counsel and filed the present complaint. Perused the complaint and the documents submitted along with the complaint. The offence alleged in the present complaint are punishable under section 318, 319, 335 R/w Sec.3(5) of Bharathiya Nyaya Sanhitha (for the seek of brevity the same is hereinafter referred to as BNS). The alleged offences are cognizable offence. I have perused the complaint averments as well as the documents submitted by the complainant along with the complaint. It discloses that before filing this complaint before this court the complaint has approached the PSI of Saligrama P.S as well as the Superintendent of Police, Mysuru to take appropriate action against the accused. Furthermore, even the complainant has also filed affidavit for having exhausted all the remedies available under Section 173(1) and 173(4) of Bharathiya Nagarik Suraksha Sanhitha. But the police have not taken any action against the accused. Therefore, ultimately the complainant has filed the present complaint.

2. The complaint as well as the documents discloses that the complainant has exhausted the remedies available under Section 173(1) and 173(4) of Bharathiya Nagarik Suraksha Sanhitha. (for the seek of brevity the same is hereinafter referred to as BNSS). In that regard, the complainant has also filed her affidavit. Thereby the complainant has complied with the mandates imposed by the Hon'ble Apex Court in the case of Priyanka Srivastava and another Vs. State of U.P and others reported in (2015) 6 SCC 287 which is reiterated by the Hon'ble High Court of Karnataka in the case of Sri. Sathya Sai Central Trust and another Vs. State of Karnataka and others in Crl. Petition No.1422/2021 dated: 22.07.2021.

3. The complaint averments and th