Private Complaint-- Registration of FIR --Section 175(3) BNSS Does Not Mandate Automatic FIR Registration -- Magistrate Retains Discretion to Treat Application as Complaint
Section 175(3) BNSS does not compel a Magistrate to direct FIR registration or police investigation in every case disclosing a cognizable offence. Where the complainant possesses complete knowledge of the accused and available evidence, and no specialised investigation or recovery is required, the Magistrate may exercise judicial discretion to treat the application as a complaint. The discretionary principles applicable under Section 156(3) CrPC continue to govern exercise of powers under Section 175(3) BNSS.
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