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SUBRAMONIUM PRASAD
Neelu Shrivastava – Appellant
Versus
State – Respondent
JUDGMENT
Subramonium Prasad, J. - This writ petition under Article 226/227 of the Constitution of India has been filed with the following prayers:-
"(i) Issue a writ mandamus of direction of the order of like nature, thereby directing the respondents no. 2 & 3 to restore the investigation of the case FIR No.0003/2019 P.S. GTB Enclave by passing the appropriate action for illegal transfer of the above said case to the respondents no. 4& 5 by the respondent no.2.
(ii) Issue a writ mandamus of direction of the order of like nature, thereby calling the explanation from the Respondents no. 2 & 3 for non registration of the F.I.R. under sections 313/328/307/201/342/330/420/468/323/120B IPC apart from the Sections in which the FIR has been registered.
(iii) direct the SHO P.S. GTB Enclave to continue the investigation of the above said case within the jurisdiction of the above said case within the jurisdiction of P.S. GTB Enclave, to restore the investigation with Respondent No.3, registering the FIR with P.S. GTB Enclave, withdrawing the FIR from P.S. Indrapuram, Ghaziabad under the appropriate provisions to ensure the prompt, fair and effective investigation to ensure the fair and effective
The main legal point established in the judgment is the mandatory nature of Section 154 CrPC, the concept of 'Zero FIR', and the obligation of the police to register a regular FIR on the disclosure o....
The court upheld lower courts' discretion in denying FIR registration, ruling that the petitioner had sufficient evidence and means to substantiate his claims without police assistance.
The court emphasized the importance of thorough examination of allegations before transferring an investigation to CBI and highlighted the petitioner's failure to register an FIR or seek remedy under....
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 court upheld that a Magistrate's authority under Section 156(3) is limited to cases within territorial jurisdiction, dismissing the application due to lack of substantiated evidence.
The police are mandated to register an FIR upon receiving information disclosing a cognizable offence, irrespective of the credibility of the information.
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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