#preliminary inquiry

Madhya Pradesh High Court upholds the Lalita Kumari principle under Bharatiya Nagarik Suraksha Sanhita, 2023, permitting police to conduct a preliminary inquiry before FIR registration where no cognizable offence is prima facie disclosed. The ruling clarifies the scope of judicial review over police compliance reports in criminal investigations.

The Madhya Pradesh High Court has directed trial courts to conclude preliminary proceedings on unregistered private complaints within two months, reinforcing that undue delay at this stage violates the right to speedy justice under Article 21. This ruling binds magistrates nationwide to avoid indefinite adjournments and ensures complainants are not left in legal limbo.

The Rajasthan High Court ruled that Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates a preliminary inquiry before registering an FIR for offences punishable by less than seven years. The court emphasized compliance with the Arnesh Kumar guidelines, holding that failure to conduct such an inquiry renders the FIR unsustainable. This decision impacts procedural safeguards in criminal investigations, ensuring due process for accused persons.

The J&K High Court has ruled that closure of a preliminary inquiry does not extinguish the duty to register an FIR if subsequent evidence reveals a cognizable offence. This clarifies that administrative closure cannot override statutory obligations under Section 154 CrPC, reinforcing that criminal proceedings remain viable even after disciplinary acquittals.

Allahabad HC grants bail to an accused under BNS 2023, ruling that a social media post lacking specific community targeting and without criminal antecedents does not warrant prolonged detention. The judgment reinforces that pre-trial detention must be justified by concrete evidence of harm, not mere objectionable content.

The Chhattisgarh High Court has ruled that preliminary inquiry into cyber complaints alleging invoice manipulation and fund routing in commercial transactions cannot be prematurely quashed, and that bank account freezes initiated during such investigations are lawful. This sets a critical precedent for businesses facing digital fraud allegations, affirming investigative powers even before formal charges are filed.