Man’s 2021 Rod-Assault Complaint Gets No FIR Probe; P&H HC Upholds Refusal, Citing No Cognizable Offence Shown and Evidence Within His Reach

The petitioner alleged that on 23 December 2021 he was restrained and assaulted with wooden and iron rods, sustaining injuries for which he was medically examined.

After police inquiries did not result in registration of an FIR, he sought a direction under Section 156(3) Cr.P.C. for registration and investigation of offences including Sections 307, 341, 506 and 34 IPC.

The Magistrate, relying on the police report and medical material, declined to direct registration of an FIR but treated the application as a complaint under Section 200 Cr.P.C. and called upon the petitioner to lead evidence.

The Additional Sessions Judge dismissed his revision, holding that the Magistrate’s order was interlocutory and not revisable.

The petitioner then invoked the High Court’s jurisdiction under Section 482 Cr.P.C., read with Section 531(2)(a) BNSS, 2023.

Section 156(3) Cr.P.C. empowers a Magistrate to direct police investigation, but that discretion must be exercised judicially and is not to be invoked routinely.

Relying on Priyanka Srivastava v. State of Uttar Pradesh, (2015) 6 SCC 287, the Court reiterated that such a direction is appropriate where the Court is satisfied that police investigation is necessary.

Where the complainant knows the accused and can produce or obtain the relevant evidence, and the material does not disclose a cognizable offence requiring police investigation, the complainant may pursue the complaint procedure under Section 200 Cr.P.C.

The Court found no material showing that the petitioner had suffered a grievous or life-endangering injury, or that the allegations otherwise disclosed a cognizable offence warranting an FIR.

The accused were known to the petitioner, and the medical records and witnesses were accessible to him or could be summoned through the complaint process.

In those circumstances, the Court held that police investigation was unnecessary and that the Magistrate had properly treated the application as a complaint under Section 200 Cr.P.C.

It accordingly found no illegality or infirmity requiring interference.

It directed the Magistrate to dispose of the complaint expeditiously, without unnecessary adjournments, and directed the petitioner to appear before the concerned Court on 12 November 2026.

Pending miscellaneous applications were also disposed of.