THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3470 of 2025

ORAL ORDER:

This Criminal Petition is filed under Section 528 of BNSS praying to quash the proceedings initiated against the petitioner/accused in Crime No.27 of 2025 before the Bhanoor Police Station, Sangareddy District, on the file of the I Additional Junior Civil Judge cum I Additional Judicial Magistrate of First Class, at Sangareddy, registered for the offences punishable under Sections 126, 127, 131, 351 of BNS, and 173(3) of BNSS. The limited grievance of petitioner is in connection with the order dated 19.12.2024 passed by the trial Court, referring the complaint filed under Section 223 of BNSS, directing the SHO., to register case and investigate the matter.

2. Heard Sri J.Srinivas, learned counsel for petitioner, and Sri E.Ganesh, learned Assistant Public Prosecutor, appearing for respondent No.1 – State. No representation on behalf of respondent No.2.

3. Learned counsel for the petitioner submitted that the complaint was filed by respondent No.2 against the petitioner under Section 170 of BNS read with 223 of BNSS and without following the due procedure as contemplated in Section 175 of BNSS, the trial Court passed the order referring the matter to SHO., for investigation. Therefore, he prayed this Court to set aside the order dated 19.12.2024 referring the matter to the SHO., for investigation.

4. On the contrary, learned Assistant Public Prosecutor for the respondent No.1 – State, vehemently opposed the submissions made by learned counsel for petitioner, and submitted that on receipt of complaint from de facto complainant, the concerned Court passed order referring the matter to the SHO., for investigation, as such, a case was registered against the petitioner vide Crime No.27 of 2025 and that there are no illegalities or infirmities in the same. Therefore, prayed this Court to dismiss the Criminal Petition.

5. Having regard to the rival submissions made, and on meticulously perusing the complete order of the trial Court, would show that no notice was issued to SHO., and due procedure as contemplated under Section 175 of BNSS was not followed, as the same mandates that before referring the matter to SHO., the concerned Court has to enquire with SHO., by issuing notice, so as to file report.

6. That being so, it is relevant to extract the provisions of Section 175 of BNSS, that are to be followed in a complaint filed under Section 223 of BNSS:

“175. Police officer's power to investigate cognizable case.

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV: Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned.

(4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public servant arising in course of the discharge of his official duties, order investigation, subject to-(a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and(b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged.”

7. Reverting to the facts of the present case, it is seen that as per Sectio