P&H: Dismisses Plea To Direct FIR Over Allegedly Fabricated Complaint; Says Section 175(3) BNSS Power Is Discretionary The Punjab and Haryana High Court has dismissed a petition seeking directions to register an FIR over an allegedly fabricated complaint that was said to have affected an Income Tax Inspector’s service record. Justice Manisha Batra held that the Magistrate’s power under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is discretionary and must be invoked only when
P&H: Dismisses Plea To Direct FIR Over Allegedly Fabricated Complaint; Says Section 175(3) BNSS Power Is Discretionary
punjab-haryana
⚖️ Order Date:
21 May 2026
Headnotes
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175(3) — Direction for registration of FIR — Scope — The Jurisdiction u/s.175(3) is discretionary and is to be exercised where the material placed discloses commission of cognizable offence requiring police investigation and where such investigation cannot effectively proceed through the ordinary complaint procedure. (Para 7) Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 — Inherent jurisdiction — Interference with concurrent orders refusing directions under Section 175(3) BNSS — Interference under inherent jurisdiction would
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punjab haryana
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