P&H: Dismisses Plea To Direct FIR Over Allegedly Fabricated Complaint; Says Section 175(3) BNSS Power Is Discretionary

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...

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 be warranted only where the orders suffer from patent illegality or result in miscarriage of justice - No such circumstance...

Criminal Trial — Mere suspicion, inferences from absence of receipt/diary details or alleged procedural irregularities do not constitute independent prima facie material to direct criminal investigation for fabrication, forgery or misuse of official position. (Para 8)

Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.175(3), 528 — Before directing registration of FIR, Court must be satisfied that the allegations disclose more than a speculative or inferential accusation and that criminal machinery is not being invoked to settle collateral disputes - Contention that investigation should be ordered...