Jodhpur: The principal seat of Rajasthan high court in Jodhpur has ruled that magistrates cannot order an FIR against a public servant under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) without first giving the officer a real chance to be heard and calling for a factual report from the competent superior authority.Quashing a Nov 21, 2025 order of a special court in Sriganganagar that directed registration of an FIR against four police personnel, including a deputy superintendent of police, Justice Farjand Ali called the trial court’s direction a “mechanical order” passed in violation of mandatory safeguards.The complaint sought action against DSP Prashant Kaushik, SI Sardar Singh, ASI Manohar Singh and driver Kishan Singh. The special judge had directed the SP to register an FIR against them.The dispute stems from an Aug 2025 FIR at Anoopgarh police station against Tekchand under serious charges, including provisions of the SC/ST Act. Police filed a chargesheet in Oct. Tekchand filed a cross-case in Sept and later approached the DGP (Vigilance), alleging dissatisfaction with the investigation. Before the complaint process concluded or a final police report was filed, Tekchand moved the special court on Nov 1, 2025. Four days after the special court’s order, police filed a negative final report in the cross-case, calling it a pressure tactic. The police officials challenged the special court order in the high court, arguing it was contrary to law, lacked judicial application of mind, and was “non-speaking”. The high court said the trial court failed to consider the background of cross-litigation and the possibility of retaliatory intent, and held that an FIR direction issued without following statutory safeguards and without proper judicial consideration “cannot be sustained in the eyes of law”.
HC sets strict checks before FIRs against public servants | Jaipur News
