Reviewed case brief

Priyanka Srivastava v. State of U.P.

(2015) 6 SCC 287

Authority on the Magistrate's duty to apply mind before taking cognizance on private complaints and preventing abuse of criminal process.

complaintcognizanceabuse-of-processpreliminary-inquiryS.223-BNSSsem-5
Court
Supreme Court of India
Year
2015
Subjects
Bharatiya Nagarik Suraksha Sanhita
Reviewed
2026-06-30

Rule established

Before a Magistrate takes cognizance on a private complaint, he must apply judicial mind and may direct preliminary inquiry to verify the truthfulness of allegations. Courts must prevent abuse of criminal process through frivolous complaints.

Facts

    Issues

      Held

        Ratio decidendi

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