P.Sathasivam, B.S.Chauhan, Ranjana Prakash, Ranjan Gogoi, S.A.Bobde
Lalita Kumari – Appellant
Versus
Govt. of U. P. – Respondent
JUDGMENT
P.Sathasivam, CJI.
1) The important issue which arises for consideration in the referred matter is whether “a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under Section 154 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) or the police officer has the power to conduct a “preliminary inquiry” in order to test the veracity of such information before registering the same?”
2) The present writ petition, under Article 32 of the Constitution, has been filed by one Lalita Kumari (minor) through her father, viz., Shri Bhola Kamat for the issuance of a writ of Habeas Corpus or direction(s) of like nature against the respondents herein for the protection of his minor daughter who has been kidnapped. The grievance in the said writ petition is that on 11.05.2008, a written report was submitted by the petitioner before the officer in-charge of the police station concerned who did not take any action on the same. Thereafter, when the Superintendent of Police was moved, an FIR was registered. According to the petitioner, even thereafter, steps were not taken either for app
Lalita Kumari vs. Government of Uttar Pradesh & Ors. (2008) 7 SCC 164;
Ramesh Kumari vs. State (NCT of Delhi) (2006) 2 SCC 677 ;
Parkash Singh Badal vs. State of Punjab (2007) 1 SCC 1;
P. Sirajuddin vs. State of Madras (1970) 1 SCC 595
Sevi vs. State of Tamil Nadu 1981 Supp SCC 43
Rajinder Singh Katoch vs. Chandigarh Admn. (2007) 10 SCC 69;
Lalita Kumari vs. Government of Uttar Pradesh & Ors. (2012) 4 SCC 1;
B. Premanand and Ors. Vs. Mohan Koikal and Others (2011) 4 SCC 266
Govindlal Chhaganlal Patel vs. Agricultural Produce Market Committee
Ganesh Bhavan Patel and Another vs. State of Maharashtra (1978) 4 SCC 371;
Ram Lal Narang vs. State (Delhi Administration) (1979) 2 SCC 322 ;
Lallan Chaudhary and Others vs. State of Bihar and Another (2006) 12 SCC 229;
State of Uttar Pradesh vs. Bhagwant Kishore Joshi (1964) 3 SCR 71 ;
Jacob Mathew vs. State of Punjab & Anr. (2005) 6 SCC 1;
Khub Chand vs. State of Rajasthan AIR 1967 SC 1074 ;
State of West Bengal vs. Committee for Protection of Democratic Rights
H.N. Rishbud and Inder Singh vs. State of Delhi AIR 1955 SC 196 ;
S.N. Sharma vs. Bipen Kumar Tiwari (1970) 1 SCC 653
Union of India vs. Prakash P. Hinduja (2003) 6 SCC 195
Sheikh Hasib alias Tabarak vs. State of Bihar (1972) 4 SCC 773 ;
Ashok Kumar Todi vs. Kishwar Jahan and Others (2011) 3 SCC 758 ;
Padma Sundara Rao (Dead) and Others vs. State of T.N. and Others (2002) 3 SCC 533 ;
Mannalal Khatic vs. The State AIR 1967 Cal 478;
Re: Subbaratnam & Ors. AIR 1949 Madras 663; Maneka Gandhi vs. Union of India (1978) 1 SCC 248;
Lalit Mohan Pandey vs. Pooran Singh (2004) 6 SCC 626
Prativa Bose vs. Kumar Rupendra Deb Raikat (1964) 4 SCR 69;
E.P. Royappa vs. State of Tamil Nadu (1974) 4 SCC 3 ;
S.M.D. Kiran Pasha vs. Government of Andhra Pradesh (1990) 1 SCC 328
D.K. Basu vs. State of W.B. (1997) 1 SCC 416
Uma Shankar Sitani vs. Commissioner of Police
Francis Coralie Mullin vs. Administrator, Union Territory of Delhi (1981) 1 SCC 608
Common Cause, A Registered Society vs. Union of India (1999) 6 SCC 667
District Registrar and Collector
Ranjitsing Brahmajeetsing Sharma vs. State of Maharashtra (2005) 5 SCC 294;
Vineet Narain vs. Union of India (1998) 1 SCC 226
A. Lakshmanarao vs. Judicial Magistrate, Parvatipuram AIR 1971 SC 186
State of Uttar Pradesh vs. Ram Sagar Yadav & Ors. (1985) 1 SCC 552
Mona Panwar vs. High Court of Judicature of Allahabad (2011) 3 SCC 496
Apren Joseph vs. State of Kerala (1973) 3 SCC 114
King Emperor vs. Khwaja Nazir Ahmad AIR 1945 PC 18—Referred.
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