Allahabad High Court Warns Against Police Intimidation of Magistrates, Emphasises Legal Remedies Under BNSS
By Rajesh Pandey
In a noteworthy ruling, the Allahabad High Court has raised serious concerns over instances where senior police officials allegedly attempt to exert undue pressure on judicial magistrates, particularly when orders are issued directing investigations into sensitive or inconvenient matters.
The court underscored that such conduct undermines judicial independence and must not be tolerated.
A division bench comprising Justice JJ Munir and Justice Vinai Kumar Dwivedi advised magistrates to remain firm and fearless while discharging their judicial duties.
The bench clarified that if any form of intimidation, embarrassment, or coercion is faced from police authorities, magistrates have the full authority to initiate contempt proceedings by referring to the High Court.
In its order dated March 9, the court explicitly stated that judicial officers should not hesitate in passing appropriate directions merely due to prior unpleasant experiences with overbearing police officials.
It reassured magistrates that the law provides them with sufficient safeguards to uphold their independence and dignity.
These observations were made while the court summarily dismissed a criminal writ petition related to the registration of a First Information Report (FIR) in Farrukhabad district of Uttar Pradesh.
The petitioner had sought a directive compelling the Superintendent of Police (SP), Farrukhabad, to decide on his representation—submitted on August 19, 2025—within a fixed timeframe for lodging an FIR.
The High Court expressed dissatisfaction with such petitions that merely seek directions for authorities to “decide representations.”
It observed that entertaining such pleas often renders the judiciary ineffective, as administrative authorities tend to interpret these orders as limited to procedural compliance rather than substantive adjudication.
This practice, the court noted, contributes to an unnecessary influx of writ petitions where no real adjudication is required.
The bench elaborated on the statutory remedies available under the Bharatiya Nyaya Suraksha Sanhita (BNSS).
It stated that if a Station House Officer (SHO) refuses to register information regarding a cognizable offence under Section 173(4) BNSS, the informant has the option to submit the complaint in writing to the Superintendent of Police.
Upon receiving such information, the SP is legally obligated to assess whether it discloses a cognizable offence.
If it does, the SP must either initiate an investigation personally or assign the task to a subordinate officer in accordance with prescribed procedures under the BNSS.
Furthermore, the court clarified that if the SP also fails to act on such a complaint, the aggrieved individual can approach the Judicial Magistrate under Section 175(3) BNSS.
The magistrate, upon receiving an application supported by an affidavit, may conduct a preliminary inquiry and seek a report from the police before directing an investigation if deemed necessary.
In light of these provisions, the court concluded that the petitioner in the present case had an effective alternative remedy available and should approach the competent magistrate under the relevant provisions of the BNSS.
The bench also candidly acknowledged that in certain situations, magistrates ordering investigations—especially in sensitive matters—may face disapproval or subtle pressure from senior police officials.
However, it reiterated that such challenges should not deter judicial officers from performing their duties impartially and courageously.
Reaffirming the importance of judicial independence, the court advised magistrates to act without fear and to seek the High Court’s intervention through contempt proceedings whenever necessary.
Consequently, the writ petition was dismissed, with the court reiterating that the petitioner remains free to pursue the appropriate legal remedy by filing an application before the jurisdictional magistrate for the registration of an FIR.
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