1. A common question raised in all the three Applications is whether the
concerned magistrate was justified in directing officer-in-charge of the
concerned Police station to make an ‘inquiry’ and submit a report in
response to complainant’s prayer made under section 175 (3) Cr.P.C,
seeking direction upon police to start investigation.
2. The scope of inquiry under section 175(3) of the Bharatiya Nagarik
Surakhsha Sanhita (in short BNSS), 2023 involves exercise of sound judicial
discretion before a Magistrate can order a police investigation into a
cognizable offence. While the legislature has introduced the said provision in
place of section 156 (3) of the Cr.P.C., it provided a more structured and
formalized procedural framework. The key aspects of section 175 (3) of the
BNSS are :-
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