Xxxxxxx vs State Of Kerala

The Supreme Court examined the scope and procedural requirements under Section 175(4) of the Criminal Procedure Code in the context of a complaint under the Bhima Koregaon National Security Scheme (BNSS). The Court clarified that Section 175(4) is not an independent provision but must be read as a proviso to Section 175(3), thereby outlining the correct procedure for a Judicial Magistrate when dealing with complaints under this section. The judgment reaffirmed the principles laid down in Lalita Kumari regarding mandatory registration of FIRs and emphasized adherence to procedural safeguards to prevent misuse of the law. The appeal was decided with directions to ensure proper judicial scrutiny and compliance with statutory mandates.