Magistrate Becomes Functus Officio After Accepting Cancellation Report, Can't Probe Police Lapses: Delhi High Court
The Delhi High Court has held that once a Magistrate accepts a cancellation or untraced report filed by the police, the court becomes functus officio and cannot thereafter proceed to examine alleged lapses in investigation or direct action against police officials.Justice Saurabh Banerjee thus allowed a batch of petitions filed by police officials challenging a series of orders passed by...
The Delhi High Court has held that once a Magistrate accepts a cancellation or untraced report filed by the police, the court becomes functus officio and cannot thereafter proceed to examine alleged lapses in investigation or direct action against police officials.
Justice Saurabh Banerjee thus allowed a batch of petitions filed by police officials challenging a series of orders passed by an Additional Chief Judicial Magistrate (ACJM), Patiala House Courts, who had issued directions seeking explanations and action against investigating officers even after accepting cancellation and untraced reports in three FIRs.
The High Court noted that in each of the cases, the ACJM had accepted the cancellation or untraced reports under Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), after recording the satisfaction of the complainants, who had also filed affidavits expressing no objection.
In such circumstances, the Court held, “the same tantamounted to passing of a final order in all the proceedings. Resultantly, the proceedings in each case before the learned ACJM stood 'closed' for all purposes. In such a scenario, by the first impugned order dated 15.11.2025, it was not for the learned ACJM to venture into the alleged lapses, if any, by the Police or anyone in any of the proceedings, much so, whence there was nothing pending before him.”
It further observed that the Magistrate was not a factfinding authority, he could not have unwound the clock by starting a de-novo enquiry, as it was beyond his jurisdiction.
The Court emphasised that disciplinary proceedings against police officials fall within the exclusive domain of departmental authorities under the Delhi Police Act and the relevant service rules.
The Court also found that the directions issued by the ACJM requiring personal appearance of senior police officials, including the Deputy Commissioner of Police (DCP) and Additional DCP, were beyond jurisdiction once the matter had been closed.
While noting that the Magistrate's intent may have been for a good cause/ reason, however, it said that the manner adopted was not permissible.
Appearance: Dr. Hemant Gupta, Mr. Rony John and Ms. Shipra Mishra, Advocates for Petitioners; Mr. Sanjay Bhandari, ASC for Respondent
Case title: Amit Goel & Anr. v. State
Case no.: CRL.M.C. 765/2026