Trial courts cannot be first stop for criminal investigations, says top court

New Delhi, July 28, 2025 The Supreme Court has ruled that informants must first approach the police to seek a criminal investigation. Trial courts are not the initial forum for filing such complaints. The judgment reinforces the procedural mandate under the Code of Criminal Procedure (CrPC). It requires complainants to exhaust all remedies with the police before moving to the judiciary.

The bench, comprising Justices Pankaj Mithal and Justice S.V.N. Bhatti ruled that a magistrate cannot directly order an investigation under Section 156(3) of the CrPC. The complainant must first approach the officer in charge of the local police station. If the police take no action, the complainant must escalate the issue to the Superintendent of Police (SP). This directive reinforces due process and helps prevent complainants from flooding the courts with premature or unnecessary petitions.

The judges clarified that if police refuse to act on a complaint, the informant must first use remedies under Section 154(3) of the CrPC. Only after exhausting this step can they move the court. The court added that a combined reading of Sections 154, 156, and 190 shows FIRs must be the starting point for all reports of cognisable offences. This aligns with earlier rulings reinforcing the importance of the police hierarchy in the justice process.

Justice Mithal, who authored the judgment, stated, “A magistrate may not entertain an application unless the informant first approaches the officer-in-charge and SP.” The court delivered this verdict in a cross-case. It highlights the judiciary’s reluctance to bypass the statutory process under the Criminal Procedure Code. The ruling sends a strong message to citizens and lawyers: courts must be the last resort, not the first step.

Legal experts believe the ruling could curb frivolous and premature criminal petitions in lower courts. While the judgment upholds due process, it still allows courts to intervene. Judicial action is possible only if the complainant exhausts all administrative remedies and justice is still denied.

Although the verdict reaffirms existing legal provisions, it also seeks to clarify ambiguities in their application. The Supreme Court emphasized that complainants can approach a magistrate under Section 156(3) only after the police fail to act despite following the proper steps. This approach ensures law enforcement handles initial responsibilities, keeping trial courts from becoming overburdened. Bar & Bench explained that the court’s aim is to streamline criminal procedure and protect judicial time.

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