KAUSHIK PANJA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A common question raised in all the three Applications is whether the concerned magistrate was justified in directing officer-in-charge of the concerned Police station to make an 'inquiry' and submit a report in response to complainant's prayer made under sec. 175 (3) Cr.P.C, seeking direction upon police to start investigation.

(2.) The scope of inquiry under sec. 175(3) of the Bharatiya Nagarik Surakhsha Sanhita (in short BNSS), 2023 involves exercise of sound judicial discretion before a Magistrate can order a police investigation into a cognizable offence. While the legislature has introduced the said provision in place of sec. 156 (3) of the Cr.P.C., it provided a more structured and formalized procedural framework. The key aspects of sec. 175 (3) of the BNSS are :-

(3.) In Omprakash Ambedkar Vs. State of Maharashtra and Ors. reported in AIR 2025 SC 970 Supreme Court has explained the requirements in para 31 which runs as follows:-