#magistrate powers

The Jammu & Kashmir High Court ruled that a judicial magistrate cannot compel the police to register an FIR under Section 156(3) when the complaint concerns only a non-cognizable offence such as an IPC 323 assault. The magistrate must instead proceed under Section 155(2) or treat the matter as a private complaint, curbing undue investigative authority.

The Delhi High Court affirmed that a pregnancy of a girl under 18 cannot be terminated without the written consent of her guardian and that any such termination must be reported under the POCSO Act. This clarifies the dual pre-condition of guardian approval and statutory reporting for medical practitioners. The ruling binds doctors, hospitals and magistrates handling minor pregnancy cases.

The Punjab & Haryana High Court ruled that once a Magistrate takes cognizance of a private complaint under Chapter XV CrPC, the power under Section 156(3) to direct police investigation cannot be invoked. The decision underscores the procedural finality of cognizance and restricts judicial discretion to pre-cognizance stages, impacting how private complaints are adjudicated.

Calcutta High Court rules that a Debts Recovery Tribunal’s interim observation on NPA classification is tentative and does not bind parties at the final hearing. The Court also affirms that a Chief Judicial Magistrate can extend the execution time for a possession order under Section 14(2) of the SARFAESI Act, even if the procedural terminology used is imprecise, ensuring flexibility in enforcement.

Telangana High Court sets aside a mechanical cognizance order under Sections 420/506 IPC, ruling that magistrates must record specific reasons and demonstrate judicial application of mind before issuing summons. The judgment reinforces that procedural fairness in criminal initiation is non-negotiable under Article 21, directly impacting trial courts' compliance with BNSS Section 227.

The Punjab & Haryana High Court reiterated that High Courts cannot intervene in investigation delays or direct time-bound probes under Section 528 BNSS, as the Magistrate holds exclusive powers under Section 175(3) BNSS. The ruling reinforces judicial restraint, limiting writ petitions to extraordinary circumstances and emphasizing the Magistrate’s role in ensuring fair investigations.