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Magistrate Cannot Direct Police To Conduct 'Inquiry' U/S 175(3) BNSS; Must Assess Grounds Before Ordering Probe: Calcutta High Court
Srinjoy Das
18 March 2026 11:25 AM IST
The Calcutta High Court has held that under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate cannot direct the police to conduct an “inquiry” and must himself undertake such inquiry before ordering investigation. Justice Ajoy Kumar Mukherjee clarified that the statutory scheme mandates application of judicial mind, and the expression “inquiry” as defined...
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