The Rajasthan High Court clarified that registration of an FIR is not mandatory for every criminal complaint. A magistrate has the discretion to conduct a limited preliminary inquiry before ordering an FIR. Justice Farzand Ali’s bench dismissed the petition filed by Jogendra Pal and upheld the order of the Additional Chief Judicial Magistrate, Bhadra, which had sought a limited investigation report from the police instead of directing registration of an FIR.
The court observed that under Sections 223 and 225 of the BNSS, 2023, the magistrate first records the complainant’s statement. If required, the magistrate may then order a limited inquiry to verify the facts and assess whether sufficient grounds exist for further proceedings. The court emphasized that such an inquiry is different from a regular police investigation, as it does not involve arrests or the filing of a charge sheet. Its sole purpose is to assist the magistrate in making an informed decision, and the court noted that this mechanism is important for maintaining judicial balance.
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