The Madhya Pradesh High Court directed the Narsinghpur police to take decision to lodge or not an FIR as per provisions of section 173 of Bharatiya Nagrik Surksha Sanhita 2023 a new criminal law into a complaint alleging certaion objectionable content were uploaded on the Youtube against Bagehswar Dham Dhirendra Krishna Shastri of Chhattarpur district.
The court order said “In present case, Police is sitting tight over the matter and no decision is taken to register the case or not to register the case”.
“Police is free to take decision to lodge or not lodge FIR in accordance with Section 173 of the Bhartiya Nagrik Surksha Sanhita, 2023. No decision has been taken by respondents leaving petitioner in a quandary”, said the court order.
The court directed the Respondent/authorities are directed to do preliminary enquiry which means to go through the complaint and find out whether any cognizable offence is made out or not.
“If cognizable offence is made out then Police shall register FIR”, the court further directed.
It is first court order for examining the complaint under new criminal law Bharatiya Nagrik Surksha Sanhita 2023, according to the petitioner counsel Pankaj Dubey.
Amit Tiwari resident of district Narsinghpur filed petition in the MP High Court was aggrieved with the inaction of the police for not lodge FIR into his complaint of May 7 last about uploading certain objectionable content of the Youtube related to Dhirendra Krishna Shastri of Bageshwar Dham.
The court has disposed of the petition on July 2 last.
