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SANJAY KUMAR, SATISH CHANDRA SHARMA
Mohammad Afzal Mohammad Sharif – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SANJAY KUMAR, J
Leave granted.
2. Law requires, nay, ordains that its sentinels be vigilant, prompt and objective in enforcing and securing its mandate. To what extent the guardians of the law, viz., the police, discharge this task without bias and subjectivity is the question that arises in the case on hand. The complaint of the appellant before the High Court of Bombay, Nagpur Bench, was that the police officers concerned had failed in their duty by not registering a first information report apropos the attack and assault on him by four individuals on 13.05.2023. However, by order dated 25.07.2024, a Division Bench of the High Court dismissed his writ petition, suspecting his bonafides. Hence, this appeal.
3. At the outset we may note that, while reserving judgment in this matter on 19.08.2025, we permitted the learned counsel for the parties to file their written submissions, not exceeding three pages, within three days. However, the State of Maharashtra and its officials chose not to file their written submissions, even though three weeks have passed. To make up for their lapse, perhaps, the learned counsel for the appellant chose to file written submissions running into
FIR – If information received disclosed commission of a cognizable offence, it is mandatory to register FIR.
The police are mandated to register an FIR when information discloses a cognizable offense, without questioning the reliability of the information at that stage.
The police are mandated to register an FIR upon receiving information disclosing a cognizable offence, irrespective of the credibility of the information.
Prompt registration of an FIR is essential when directed by a magistrate under Cr.P.C. 156(3).
The High Court does not entertain a writ petition to compel FIR registration when alternative remedies under the Criminal Procedure Code are available, reinforcing the requirement for exhaustion of s....
The court established that the police cannot investigate a non-cognizable case or register an FIR based on the same facts without a Magistrate's permission, as mandated by Section 155(2) of the Cr.P.....
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