VidhiSangh

Supreme Court of India · 16/01/2025

OM PRAKASH AMBADKAR versus THE STATE OF MAHARASHTRA & ORS.

[2025] 1 S.C.R. 1469 · 2025 INSC 139

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Summary

The Supreme Court set aside a Magistrate's direction under Section 156(3) CrPC to register an FIR against a police officer on an advocate's complaint, holding that the Magistrate acted mechanically without checking whether the allegations disclosed the ingredients of Sections 294, 504, 506, 500 or 323 IPC, and explained how Section 175(3) and (4) of the BNSS codify the safeguards developed by case law.

Issues

  1. Whether the Magistrate applied his mind before directing police investigation under Section 156(3) CrPC, and whether the High Court should have quashed that direction under Section 482 CrPC.
  2. Whether the allegations, taken as true, disclosed the offences under Sections 294, 504, 506, 500 and 323 IPC.
  3. How Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 changes the scheme of Section 156(3) CrPC.

Provisions considered

Held

Result

Appeal allowed; High Court's order and the Magistrate's order directing police investigation under Section 156(3) CrPC set aside.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1469.