Supreme Court Clarifies Magistrate’s Authority: Judicial Power to Direct FIR Registration

Introduction:

In an important restatement of the magistrate’s judicial powers in the criminal justice process, on November 4, 2025, the Supreme Court clarified that once the claims in a complaint reveal the commission of a cognizable offence, a magistrate is competent to direct FIR registration under Section 156(3) of the Code of Criminal Procedure, 1973 (now Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023).

This landmark judgment reinforces the principle that Direct FIR Registration is a procedural right flowing from the disclosure of a cognizable offence, ensuring that access to investigation is not curtailed by premature judicial interference.

Background of the Case:

A private complaint was submitted by the appellant-complainant before the JMFC against the respondents under Sections 120B, 201, 419, 471, 468, and 420 of the IPC. The conflict began from a civil suit initiated by the appellant searching a declaration of ownership and possession of a property purportedly gifted given to him by his father, and questioning a Sale Deed dated 03.02.2009, executed by his father in support of Accused No. 1, as unlawful and invalid, although the father stayed ex parte, and on 28.03.2013, the civil suit was dismissed, and the appellant registered an appeal before the Karnataka High Court, looking for an interim stay of the decree, which was at first allowed but later cancelled throughout the pending of the appeal on 18.06.2015, the appellant claimed that Veena (accused No. 1, known as Meena in the FIR), along with her husband and others smashed open the latch on the suit property without permission, causing the lodging of the private criminal complaint. The issue ultimately led to the Supreme Court being given the range of a magistrate’s power to instruct police to enroll an FIR under Section 156(3) CrPC once a cognizable offence is revealed.

Supreme Court insights on Judicial Power to direct FIR Registration:

A bench comprising Justice Pankaj Mithal and Justice Ahsanuddin Amanullah set aside the Karnataka High Court’s order that had cancelled the FIR. The FIR was filed based on the magistrate's order as per Section 156(3) Cr.P.C. The Court ruled that the complaint to the magistrate suggested a cognizable offence; the magistrate was right in managing a police inquiry. At this initial stage, the magistrate only must review if the complaint invokes a cognizable offence, not whether the claims are true or proven. 

The Supreme Court observed:

“In the background of the factual position, the JMFC's Order dated 18.01.2018 cannot be faulted. Enough material is available to justify a full-fledged investigation by the police. The JMFC, to our mind, had rightly referred the matter for investigation to the police since a prima facie case stood made out against the accused, in view of the material that was available with the JMFC.” 

Accordingly, the court allowed the appeal and ordered:

“Thus, on an overall circumspection of the facts and circumstances of the case, the material on record and the submissions made by learnt counsel for the parties, the First and Second impugned orders dated 24.07.2019 and 18.11.2021 are set aside. FIR Crime No.12 of 2018, Khade Bazar Police Station, stands restored. The police are directed to investigate the case expeditiously in accordance with the law. It goes without saying that the private parties shall be at liberty to produce material to indicate their defence(s)/position during the police investigation as also before the Court concerned, in accordance with law, at the appropriate stage.” 

Way forward:

The Supreme Court concluded that if a complaint reveals a legally valid offence, a magistrate has the power to direct the police to register an FIR. This verifies that filing an FIR is a legal right and ensures that access to investigation cannot be limited by early judicial intervention.

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