3 min readLucknowUpdated: Mar 20, 2026 02:13 AM IST
The court further stated that if the SP fails to act on an application under Section 173 BNSS, the judicial magistrate remains the statutory remedy under sub-section (3) of Section 175 BNSS. (File Photo)
The Allahabad High Court, while dismissing a plea for the filing of an FIR in a time-bound manner, observed that when magistrates order police investigations, particularly the “uncomfortable ones”, senior police officers sometimes react negatively, taking measures to browbeat the magistrates.
The Division Bench of Justice J J Munir and Justice Vinai Kumar Dwivedi also advised the magistrates “not to feel hesitant in passing necessary orders, merely because at some point of time, a high-handed police officer has caused some inconvenience to the magistrate”.
“If, in fact, any kind of embarrassment or pressure from any police officer is faced by the magistrate, it is always open to him/her to make a contempt reference to this court,” the High Court said in its order.
“…if that happens or has happened in a particular case is no ground for a litigant not to move the Magistrate… to direct the police to investigate a case,” the High Court added.
The High Court was hearing a petition filed by one Sandeep Audichya on March 9, seeking that his representation to the Farukkhabad Superintendent of Police on August 19 last year for getting an FIR registered be decided in a time-bound manner.
After hearing the submissions by the petitioner’s counsel, the Bench observed, “Prayers made by litigants and directions often issued by this Court to authorities to decide representations made by litigants have rendered this Court virtually powerless, where the authorities seem to think that all we can do under Article 226 of the Constitution is to ask them to decide cases or take decisions, instead of deciding it ourselves and passing orders.”
Article 226 of the Constitution empowers High Courts to issue directions, orders, or writs—including habeas corpus, mandamus, prohibition, quo warranto, among others for the enforcement of Fundamental Rights.
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“Quite apart, this leads to a deluge of writ petitions being instituted before this Court, where, we are not required to decide anything. This writ petition is an instance of the same kind,” the court added.
Dismissing the petition, the High Court directed the petitioner to approach the competent magistrate for remedy and quoted sub-section (4) of Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) as per which “if the officer-in-charge of a police station refuses to record an information relating to the commission of a cognisable offence, it is open to the informant to send substance of the information in writing and by post to the Superintendent of Police concerned, who is obliged, upon receipt of such information, if it discloses the commission of a cognisable offence, either to investigate the offence himself/herself or direct investigation to be undertaken by any police officer subordinate to him in the manner prescribed under the BNSS.”
Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution.
Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape.
Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More
