The Rajasthan High Court has clarified that a Magistrate is not bound to order registration of an FIR in every complaint. The Court upheld a trial court’s decision to opt for a limited inquiry instead of directing police investigation.
Background of the Case
The case arose from a petition filed by Jogendra Pal, challenging an order passed by the Additional Chief Judicial Magistrate, Bhadra, in May 2025. The Magistrate had chosen not to direct registration of an FIR and instead proceeded with a preliminary inquiry under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The complainant was examined under Section 223 BNSS. However, no supporting witnesses or documents were presented at that stage. Based on this, the Magistrate forwarded the complaint to the police only for a limited inquiry to assist in deciding whether further proceedings were necessary.
Read also:- Delhi High Court Accepts Kejriwal’s Rejoinder as Written Submission in Recusal Plea, Defers Order
Aggrieved by this approach, the petitioner moved the High Court, arguing that the Magistrate should have ordered an FIR and full investigation.
Justice Farjand Ali examined the statutory scheme under the BNSS and emphasized the distinction between a full police investigation and a preliminary inquiry by a Magistrate.
“The law provides the Magistrate with discretion to decide the appropriate course,” the Court observed, noting that not every complaint must lead to FIR registration.
The Court explained that Section 223 BNSS requires the Magistrate to examine the complainant on oath as an initial safeguard against frivolous complaints.
It further highlighted that Section 225 BNSS allows the Magistrate to postpone issuance of process and order a limited inquiry or investigation only to determine whether sufficient grounds exist to proceed. This inquiry is not equivalent to a full police investigation.
“The investigation under Section 225 is limited, facilitative, and meant only to aid judicial satisfaction,” the bench noted.
In contrast, a police investigation under Section 175 BNSS involves wider powers such as arrest, search, and filing of a charge-sheet, which carry serious consequences.
Read also:- Supreme Court Pulls Up NCLT Over Delays, Seeks Pan-India Data in AVJ Developers Insolvency Case
The High Court drew a clear line between two procedures:
- A full-fledged police investigation initiated after FIR registration
- A limited inquiry conducted to help the Magistrate decide whether to proceed
The bench observed that once cognizance is taken, the Magistrate must follow the complaint procedure and can rely on Section 225 for assistance, rather than directing an FIR in every case.
The Court found that the Magistrate had followed the correct legal process. The complainant was examined, and due to lack of supporting material, the Magistrate chose a cautious approach by ordering a limited inquiry.
“This reflects judicial prudence and due application of mind,” the Court noted.
Rejecting the petitioner’s argument, the Court stated that the demand for FIR registration had no legal basis.
Finding no illegality or procedural error, the Rajasthan High Court dismissed the petition.
“The impugned order does not suffer from any infirmity warranting interference,” the Court held.
The petition was dismissed, and all pending applications were disposed of.
Case Details
Case Title: Jogendra Pal vs State of Rajasthan & Anr.
Case Number: S.B. Criminal Misc. Petition No. 4503/2025
Judge: Justice Farjand Ali
Decision Date: 06 April 2026
