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2026 Supreme(Online)(Ker) 14247

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
RAYEES ALI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1488 OF 2026 | CMP NO.74 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.BABU S. NAIR
For the Respondents: PUBLIC PROSECUTOR

The Magistrate must conduct a limited inquiry under Section 175(3) BNSS before forwarding a complaint for investigation.

Headnote:This judgment analyzes the procedural requirements under Section 528 BNSS and Section 175(3) BNSS regarding a complaint filed by the petitioner. The court determines the necessity for the Magistrate to conduct a limited inquiry before forwarding the complaint for police investigation. The court concludes by directing the Magistrate to make a decision within one month, ensuring expeditious handling of the complaint.

Table of Content
1. petitioner filed complaint for expeditious disposal. (Para 1)
2. magistrate directed to conduct inquiry under section 175(3) bnss. (Para 2)

O R D E R

(Dated this the 24th day of February, 2026)

The complainant in CMP No. 74 of 2026 on the file of Judicial First Class Magistrate Court-I, Manjeri filed this Crl.MC under Section 528 BNSS praying for a direction to the learned Magistrate to dispose of the above complaint expeditiously.

2. According to the learned Counsel, the complaint was filed for being forwarded to the SHO for investigation under Section 175 (3) of the BNSS . Before forwarding the complainat to the SHO for investigation under Section 175 (3), the learned Magistrate has to conduct a limited enquiry to ascertain whether the complaint is to be referred for investigation by the SHO. Since the scope of enquiry under Sub section (3) of Section 175 is a limited one, the learned Magistrate is directed to take a decision under Section 175 (3) within a period of one momth from the date of receipt of a copy of this order.

Sd/-

C. PRATHEEP KUMAR JUDGE

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