Court affirms investigative autonomy under Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizing the need for reasoned judicial orders while rejecting challenge to magistrate's order
In a significant judgment dated July 24, 2026, the Rajasthan High Court, presided over by Justice Baljinder Singh Sandhu, clarified the scope of a magistrate's powers regarding further investigation under Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court dismissed a petition filed by Rajendra Kumar @ Surajmal challenging an order of the Additional Chief Judicial Magistrate, Sojat, which directed further investigation in a criminal case registered under Sections 420, 466, 467, 468, and 120B of the Indian Penal Code, 1860.
The petitioner contended that although the magistrate was empowered to order further investigation after a negative final report, the magistrate had erred by prescribing the manner and mode of the investigation, which, according to established jurisprudence, lies exclusively within the domain of the investigating agency. The petitioner relied on precedents from the Rajasthan High Court and the Supreme Court of India that prohibit courts from dictating detailed or point-wise investigation directions to police authorities.
The State of Rajasthan, represented by the Public Prosecutor, opposed the petition, asserting that the magistrate had only directed further investigation based on identified lacunae in the initial probe, such as the failure to examine critical documents like the voters list and relevant land records (pattas), and the omission to send materials for forensic examination. The magistrate had not prescribed any specific investigative methods or formats for reporting.
Upon detailed examination, the High Court reaffirmed well-settled legal principles that while a magistrate has the power to reject a final report and order further investigation, the investigative process-including the mode, manner, and specific steps-remains a statutory function of the police under Chapter XIII of the BNSS (previously Chapter XII of Cr.P.C). The judiciary cannot ordinarily supervise or micromanage police investigations.
The Court cited authoritative Supreme Court rulings, including M.C. Abraham v. State of Maharashtra (2003) and State of Uttar Pradesh v. Aman Mittal (2019), which emphasize the exclusive domain of investigating agencies in conducting investigations and restrict courts from imposing detailed investigative instructions.
However, the judgment underscored the equally crucial principle that judicial orders must be reasoned and disclose the application of mind. The Court elaborated on the necessity of recording cogent reasons in judicial decisions, drawing on landmark Supreme Court rulings such as Anil Kumar v. M.K. Aiyappa (2013) and Kranti Associates (P) Ltd. v. Masood Ahmed Khan (2010). The Court described reasoned orders as the "heartbeat of every conclusion," essential for transparency, accountability, and fair judicial administration.
In the present case, the magistrate's order was upheld as a reasoned and speaking order that identified shortcomings in the initial investigation and directed further inquiry without dictating specific investigative techniques or formats. The Court clarified that the petitioner's reliance on precedents prohibiting point-wise investigation did not apply since no such directive was issued.
Consequently, the Rajasthan High Court dismissed the criminal miscellaneous petition, directing the investigating agency to carry out the further investigation independently and submit its findings according to law. The judgment preserves the balance between judicial oversight and investigative autonomy, reinforcing the procedural safeguards enshrined in the BNSS and emphasizing the importance of reasoned judicial pronouncements.
Bottom Line:
Magistrate, while directing further investigation under Section 193(9) of Bharatiya Nagarik Suraksha Sanhita, 2023, cannot dictate the mode or manner of investigation to the investigating agency.
Statutory provision(s):
Section 193(9) Bharatiya Nagarik Suraksha Sanhita, 2023; Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 420, 466, 467, 468, 120B Indian Penal Code, 1860
Rajendra Kumar @ Surajmal v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2972998
