The Tripura High Court has held that Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) mandates registration of an FIR where a complaint discloses cognizable offences, even when the allegations are directed against police personnel.

The court made the observation while directing registration of a complaint alleging misappropriation of gold ornaments and gold bars following the interception of a vehicle by police officials. 

The Division Bench of Justice Dr. T. Amarnath Goud and Justice S. Datta Purkayastha remarked that: “When a citizen lodges a specific complaint disclosing the commission of cognizable offences involving alleged misappropriation and high-handedness by police personnel, the statutory mandate under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the registration of an FIR and an impartial investigation.” 

Background:

The petitioner, Billal Miah, along with his two brothers, was travelling to Agartala on February 21, 2026, to sell gold ornaments and gold bars to raise funds for his brother's treatment. They were intercepted by police personnel near Bishalgarh College and taken first to a tea garden and later to Bishalgarh Police Station, where they remained detained for the day. 

According to the petitioner, when they were allowed to leave, they found the vehicle's back door open and the gold ornaments missing. After his attempt to lodge an FIR at Sonamura Police Station was allegedly refused, he approached the Superintendent of Police, but no FIR was registered. He subsequently moved the High Court seeking registration of the FIR and an independent investigation.

The Court found that the police's admitted decision to take the intercepted vehicle to an isolated tea garden, despite the Bishalgarh Police Station being only about 2.5 kilometres away, raised serious concerns. It held that where a complaint discloses cognizable offences involving alleged misappropriation and high-handedness by police personnel, Section 173 BNSS requires registration of an FIR and an impartial investigation. 

The Bench further held that questions regarding the petitioner's ownership of the gold, the validity of the receipts, and whether the allegations of misappropriation against the police officials were ultimately established could not be decided at this stage. These issues required a thorough, independent and comprehensive investigation. 

Accordingly, the Court allowed the writ petition, directed registration of the petitioner's written complaint, and ordered the State to appoint a Senior Officer of the Crime Branch to conduct an independent, fair and expeditious investigation. The entire record was directed to be transferred to the officer for investigation in accordance with law. 

Case Name: Billal Miah v/s The State of Tripura

Case No.: W.P.(CRL) No.13 of 2026

Date of Decision: 18.08.2026

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