PRAYAGRAJ, Oct. 11 -- Emphasising that the judicial power to order a police investigation on receiving a criminal complaint cannot be exercised mechanically, the Allahabad high court has laid down detailed binding directives for magistrates and special courts exercising jurisdiction under Sections 173(4) and 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). With this, the Allahabad high court quashed an order of the special judge (SC/ST Act), Maharganj for registration of FIR against police personnel. The court allowed the petition filed by sub-inspector Rakesh Kumar Yadav and quashed the impugned order dated August 11, 2026 by which application of two women was allowed. The high court said that magistrates/judicial officers must be extra careful when someone files a criminal complaint against a police officer or government official-especially if that same police station or officers already have a history with the person or their family. The court directed that the order passed under Sections 173(4), 175(3), or 175(4) BNSS must be a speaking judicial order reflecting application of mind. The court, in an order dated October 9, said, "Judicial Officers shall consider the submission/report of the concerned police officer regarding the refusal or failure to register the FIR before passing an order under Section 173(4) and Section 175(3) BNSS." Justice Santosh Rai allowed the criminal appeal filed by police personnel, including sub-inspector Rakesh Kumar Yadav and constable Amit Kumar, against the order of the Maharajganj court. The court observed, "The manner in which the learned Special Judge, SC/ST Act, Maharajganj has dealt with the application under Section 173(4) BNSS is a matter of 'serious concern'. The impugned order reflects a serious lack of appreciation and application of the statutory procedure under the BNSS and the binding principles laid down by the Hon'ble Supreme Court." The court said the order reflects a fundamental lack of understanding of the basic principles of criminal law....