Karnataka HC Quashes FIR Against Couple, Remits Complaint After Magistrate Ordered Probe Without Seeking Police’s Explanation For FIR Refusal Under BNSS 175(3)

The petitioners challenged the IV Additional Chief Metropolitan Magistrate’s order referring the second respondent’s private complaint, PCR No. 12868 of 2024, for investigation under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The referral resulted in registration of FIR No. 527 of 2024 at Kamakshipalya Police Station for offences under Sections 316, 318 and 319 of the Bharatiya Nyaya Sanhita, 2023.

The petitioners argued that the Magistrate had referred the complaint without giving the jurisdictional police officer an opportunity to explain why an FIR had not been registered on the initial complaint.

Section 175(3) of the BNSS requires the Magistrate, before ordering an investigation, to consider the application supported by an affidavit under Section 173(4), make any inquiry considered necessary, and consider the police officer’s submission.

The officer’s submission concerning non-registration of an FIR is a substantive safeguard, not an empty formality; the Magistrate must consider it alongside the complaint and supporting material before deciding whether to direct investigation.

Applying Om Prakash Ambadkar v. State of Maharashtra, 2025 SCC OnLine SC 238, and this Court’s decision in Manjunath & Others v. State by Kengeri Police Station & Another, Crl.P. No. 4866 of 2025, the Court held that the jurisdictional police officer must be afforded that opportunity and the Magistrate must consider the submission.

The Magistrate’s order did not indicate that the jurisdictional police officer had been given an opportunity to explain the failure to register an FIR, or that any submission from the officer had been considered before the complaint was referred for investigation.

The referral therefore failed to comply with Section 175(3) of the BNSS as explained in Om Prakash Ambadkar and Manjunath.

The Court set aside the referral and consequential FIR, while leaving the merits of the complaint undecided.

It restored the private complaint to the Magistrate for fresh consideration under Section 175(3) of the BNSS, after giving the jurisdictional police officer an opportunity to make submissions.

The parties were directed to appear before the Magistrate on 30 November 2026, without further notice; all contentions on the merits remained open.