Magistrates Can't Order Preliminary Inquiry in Sexual Assault Cases: Allahabad HC

In the case of XXX vs. State of U.P. and Another, the Allahabad High Court made an important ruling regarding how Magistrates should handle Section 156(3) applications, especially when they involve sexual assault allegations. The Court observed that it is neither appropriate nor lawful for a Magistrate to order a preliminary investigation by the police in such cases or to rely on a police report that may favor the accused.

The Court referred to the Supreme Court's judgment in the XYZ vs. State of MP and Others case, where the top court had clearly stated that when a cognizable offense is evident in a Section 156(3) application, particularly in sexual offense cases, the Magistrate must directly order a police investigation rather than asking for a preliminary inquiry.

Justice Ram Manohar Narayan Mishra, who was presiding over the case, further clarified that when previous landmark judgments such as Lalita Kumari vs. Govt. of U.P. & Ors. (2013), Priyanka Srivastava & Anr. v. State of U.P. & Ors. (2015), and the XYZ case are read together, it becomes clear that a Magistrate should only order a preliminary inquiry in limited situations. The Lalita Kumari ruling had laid out specific categories of cases where a preliminary inquiry might be necessary, such as matrimonial disputes, commercial offenses, medical negligence, corruption, or when there is an unusual delay in filing the complaint.

In this case, a woman had filed a criminal revision petition against an order from the Chief Judicial Magistrate (CJM) of Hathras, who had dismissed her application under Section 156(3) of the CrPC. She had made specific allegations of sexual assault and molestation, but the CJM had relied on a police report that favored the accused and had not ordered an investigation. The High Court found that this was an improper approach.

The High Court emphasized that in cases involving serious accusations like sexual assault, it is both undesirable and unlawful for a Magistrate to direct a preliminary inquiry or place reliance on a police report favoring the accused without fully considering the complainant's allegations. Instead, the Magistrate should act promptly to ensure justice is served by ordering a police investigation when a cognizable offense appears to be made out.

The Court allowed the woman’s revision plea, overturned the CJM's order, and sent the case back to the CJM with instructions to hear it again, taking into account the legal principles set out by the Supreme Court. This ensured that the complainant would be given a fair opportunity to present her case.