Maintainability of Revisions and Mandatory Procedural Requirements Under Section 175 of the BNSS

sketch of the Bombay High Court
Case
ANAND RADHAKISAN SOMANI v. STATE OF MAHARASHTRA, THROUGH INVESTIGATING OFFICER (Bombay High Court, 08-09-2026)
Law
Bharatiya Nagarik Suraksha Sanhita, Code of Criminal Procedure.

Highlights of the Judgment:

  • Analysis of maintainability of criminal revision under Section 397 CrPC against an order directing FIR registration after the FIR is registered.
  • Application of the Full Bench precedent in Arun P. Gid versus Chandraprakash Singh regarding post-FIR revisions.
  • Detailed interpretation of mandatory procedural safeguards under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Evaluation of the magistrate's statutory duty to consider police submissions and conduct inquiries before ordering investigations under the BNSS.
  • Distinction between discretionary powers under the former Code and strict prerequisites under the new criminal procedure regime.