AI Overview...
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Section 175(3) BNSS - Applications under this section are often challenged when rejected; courts emphasize the petitioner’s obligation to first approach the Magistrate before seeking judicial intervention. Rejections are typically upheld if procedural requirements are not met, but courts sometimes direct reconsideration or note that the petitioner can pursue remedies under Sections 156(3) or 438 of BNSS. Kaisar Jaha VS S. P. , Distt. Sultanpur - Allahabad, Kaisar Jaha Vs. The S.P. Distt. Sultanpur And 3 Others - Allahabad, NIRMALABEN W/O. JAYANTIBHAI SOLANKI vs STATE OF GUJARAT - Gujarat, VIKRAMSINH PRUTHVISINH ZALA & ANR. vs STATE OF GUJARAT & ANR. - Gujarat
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Inherent Powers & Judicial Review - Courts recognize the High Court's inherent powers under Section 528 BNSS to intervene despite statutory remedies, especially when procedural irregularities or improper rejection of applications occur. These powers can be invoked to ensure justice, but procedural compliance remains critical. Kaisar Jaha VS S. P. , Distt. Sultanpur - Allahabad
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Rejection of FIR Registration & Investigation Orders - Many applications for FIR registration under Section 175(3) BNSS or for police investigation are rejected due to procedural lapses or failure to approach the Magistrate properly. However, appellate courts often set aside such orders, directing Magistrates to reconsider applications properly or to follow due process. DBS Bank India Ltd VS State Of Kerala, Through Chief Secretary - Kerala, Om Prakash Ambadkar VS State of Maharashtra - Supreme Court
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Procedural Requirements & Court Directions - Courts consistently underline the necessity for petitioners to approach the Magistrate first under the BNSS and CrPC before seeking judicial remedies. Rejections are often upheld if this step is skipped, but courts may also direct authorities to reconsider applications in light of procedural lapses. NIRMALABEN W/O. JAYANTIBHAI SOLANKI vs STATE OF GUJARAT - Gujarat, VIKRAMSINH PRUTHVISINH ZALA & ANR. vs STATE OF GUJARAT & ANR. - Gujarat
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Case Examples & Outcomes - In cases involving allegations of forgery, fraud, or abuse, courts have dismissed applications for investigation or FIR registration when procedural norms are not followed, but have also remanded applications for proper consideration. Rejections based on procedural grounds are common, with courts emphasizing the statutory hierarchy. Ranjanben Ramubhai Parmar vs District Superintendent Of Police, Surat Rural - Gujarat, DBS Bank India Ltd VS State Of Kerala, Through Chief Secretary - Kerala
Analysis and Conclusion:
Applications under Section 175(3) BNSS are frequently rejected when procedural prerequisites, such as approaching the Magistrate first, are not met. Courts uphold these rejections but also demonstrate flexibility by directing reconsideration or emphasizing the petitioner’s right to pursue remedies under Sections 156(3) or 438 BNSS. Judicial intervention under inherent powers is permissible to prevent miscarriage of justice, but strict adherence to procedural norms remains essential. Ultimately, petitioners must follow the prescribed legal pathway to have their applications considered validly.
Search Results for "175 3 Bnss Application Rejected"
2024 0 Supreme(All) 1465 • India - Allahabad
SUBHASH VIDYARTHI
under Section 175(3) of BNSS. ... under Section 175(3) of BNSS, arguing that inherent powers could be invoked despite the availability of a statutory remedy. ... Bharatiya Nagrik Suraksha Sanhita - Section 528 - Inherent powers of High Court - The petitioner challenged the rejection of an application ... Case No.360 of 2024 whereby an application under Section 175(3) of BNSS [comparable to Section....
2025 0 Supreme(Guj) 2045 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
(3) - Appeal against rejection of application for FIR registration - Allegations of forgery, fraud, and cast-based derogatory abuse ... ... ... Findings of Court: ... The Sessions Court's rejection of the application was found to suffer from material irregularity and ... Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 14(A) - Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 175 ... Application No. 5559 of 2024 dated 13.12.2024, whereby, the learned Trial Court has #HL_START....
2024 Supreme(Online)(ALL) 1552 • India - High Court of Allahabad (Lucknow Bench)
Hon'ble Subhash Vidyarthi,J.
Fact of the Case: The petitioner challenged an order rejecting an application under Section 175(3) of the BNSS. ... Final Decision: The application under Section 528 BNSS is dismissed, allowing the petitioner to pursue the statutory remedy ... under Section 438 BNSS. ... Case No.360 of 2024 whereby an application under Section 175(3) of BNSS [comparable to Section 156 (3) of C....
2025 Supreme(Online)(MP) 2043 • India - High Court of Madhya Pradesh
G. S. AHLUWALIA, J
(A) BNSS, 2023 - Sections 528, 175(3), 314, 316, 318, 320, 323, 335, 336, 340, 45, 61 - Criminal proceedings - Applications for quashment ... ... ... Result: Applications dismissed. ... (Paras 3, 6, 11, 24) ... ... (B) Criminal Procedure - Simultaneous ... The application under Section 175(3) of BNSS , 2023 was also filed for direction to Police to register FIR. The JMFC, Gwalior by order dated 16.12.2024 #HL_S....
2025 Supreme(Online)(Ker) 43476 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, JOBIN SEBASTIAN, JJ
(A) Bharatiya Nagarik Suraksha Sanhita - Section 175(3) - Criminal Procedure Code - Sections 82 and 83 - The petitioner, an accused ... of gold smuggling, sought to compel the NIA to expedite its investigation while being absconding abroad, which the Special Court rejected ... It was while so that the petitioner had approached the Special Court with an application under Section 175 (3) of BNSS ”] to monitor an investigation and to issue directions to....
2025 Supreme(Online)(Guj) 8961 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
The court found that the petitioner had not approached the concerned Magistrate as required under section 175(3) of the BNSS. ... Consequently, the petition is rejected, with the court not examining the merits. ... [6.0] Under the circumstances and in light of the observations made by the Apex Court, the writ petition is rejected since the petitioner has the remedy to approach the concerned Magistrate under section 175(3) of the BNSS [section 156(#H....
2025 Supreme(Online)(Guj) 3854 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
In conclusion, the petition is rejected. ... The Court notes the necessity for petitioners to first approach the Magistrate under relevant provisions of the BNSS and CrPC. ... Under the circumstances and in light of the observations made by the Apex Court, the writ petition is rejected since the petitioner has the remedy to approach the concerned Magistrate under section 175(3) of the BNSS [section 156(3) of CrPC]. ... It is noticed by this Court that various petition....
2024 0 Supreme(Ker) 1339 • India - Kerala
Bank sought registration of FIR against customers for misappropriation of pledged gold jewels - Magistrate rejected application ... Result: The impugned order was set aside, and the Magistrate was directed to reconsider the application. ... Court: The learned Magistrate's order was set aside, directing a fresh consideration of the FIR registration application ... They have been reiterated in Ext.P6 application as well. The learned Magistrate failed to take note of the facts and circumstances of the cas....
2025 0 Supreme(SC) 260 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
(A) Code of Criminal Procedure, 1973 - Section 156(3) - Police investigation - High Court affirmed Magistrate's order directing police ... constituted cognizable offences and whether the Magistrate acted appropriately in directing police investigation under Section 156(3) ... This appeal arises from the impugned common Judgment and Order passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur dated 16.10.2019 in Criminal Application No. 33/2012 by which the High Court rejected the application#HL_....
2025 0 Supreme(Bom) 384 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
ANIL S. KILOR
The application for further investigation was rejected by the Sessions Court. ... (A) Indian Penal Code - Sections 498-A and 306 - Code of Criminal Procedure - Section 173(8) and Section 156(3) - Application ... for further investigation - The petitioner challenged the rejection of her application for further investigation regarding a conversation ... The application was moved under Section 173 (8) read with Section 156(3) of the Code of Criminal Procedure and under S....
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