P&H: Upholds Magistrate’s Discretion To Treat FIR Request As Complaint Case

punjab-haryana
⚖️ Order Date: 13 Oct 2026
Headnotes

Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175(3) — Direction for registration of FIR —Where multiple civil proceedings were pending or had culminated and cognizable offences could not prima facie be established, Magistrate’s decision to treat matter as a complaint case was not liable to interference....


Facts of the Case

P&H: Upholds Magistrate’s Discretion To Treat FIR Request As Complaint Case

The Punjab and Haryana High Court has dismissed a petition seeking directions to register an FIR over an alleged attempt to take over property in Ludhiana. Justice Jasjit Singh Bedi held that the Magistrate was not bound to order an FIR and could instead treat the matter as a complaint case.

Veena Malhotra, through her Special Power of Attorney holder Abraham John, alleged that Surinder Singh was trying to take over her and her son’s property with the help of a local Patwari. After an application to the investigating agency did not result in an FIR, John approached the Magistrate...

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