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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.BABU
Yahu, S/o. Ummer – Appellant
Versus
State Of Kerala, Represented By Its Secretary, Home Department – Respondent
| Table of Content |
|---|
| 1. facts of unnatural deaths prompting investigations. (Para 1) |
| 2. arguments on fir requirements and inquiry procedures. (Para 2 , 6 , 8) |
| 3. court's observations on the role of police in investigations. (Para 4 , 5 , 9) |
| 4. ratio decidendi regarding investigations under sections 174 and 154. (Para 11 , 12 , 14) |
| 5. final conclusions directing investigations in both cases. (Para 33 , 34 , 35 , 36) |
JUDGMENT :
K. BABU, J.
The petitioners in these Writ Petitions seek a direction to conduct an investigation under the supervision of higher police officials. In both cases, the Police registered FIRs under Section 173 of the Baratiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) (Section 154 Cr.P.C.) and submitted them before the concerned Sub-Divisional Magistrate as part of the enquiry into the apparent cause of death of the deceased. The deceased in WP(C) No.1808 of 2025 was found hanging at his rented residence on 03.08.2025. The dead body of the deceased in WP(C) No.247 of 2026 was found floating in the sea about 25 nautical miles west of Kochi coast on 13.10.2025.
2. The learned counsel for the petitioners submitted that no FIR is required to be registered under Section 1
Distinction between inquiries and investigations under different sections of CrPC; obligation to inform victims about inquiry conclusions if no cognizable offense is revealed.
Point of Law : Section 190 of Code reads cognizance of offences by Magistrates.
(1) Scope of investigation in a proceeding under Section 154 of Cr.P.C. is very wide – In contrast, investigation under Section 174 of Cr.P.C. is an investigation on an inquiry into apparent cause of....
A prior inquiry under Section 174 does not constitute an FIR, hence a second FIR can be registered based on new evidence, permitting continued investigation regardless of jurisdictional issues.
The police are mandated to register an FIR upon receiving information disclosing a cognizable offence, irrespective of the credibility of the information.
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 distinction between information under Section 174 Cr.P.C. and F.I.R. under Section 154 Cr.P.C., and the necessity to frame charges based on the material collected by the Investigating Officer.
Cognizance of an offence under Section 188 IPC requires a written complaint by a public servant; FIRs based solely on police reports are prohibited and rendered void.
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
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