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SAURABH LAVANIA
Mobeen – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard Shri. Prabhaat Kumar Tripathi, learned counsel for the applicant and Shri. Aniruddh Singh, learned A.G.A. for the State.
2. Shri. Prabhaat Kumar Tripathi, learned counsel for the applicant has submitted written submissions, which are taken on record, and based upon the same, he advanced his submissions. The submissions are extracted hereunder:-
The registration of an FIR is mandatory when a cognizable offence is disclosed; however, a General Diary entry may be treated as an FIR in appropriate cases.
FIR registration is mandatory when a cognizable offence is disclosed; GD entries may be treated as FIRs in certain cases.
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....
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 registration of an FIR is mandatory if it discloses a cognizable offence, and the police cannot conduct a preliminary inquiry at their discretion.
The court emphasized the limited scope of the court's interference under Article 226 and the obligation of police to register an FIR if a cognizable offence is disclosed.
The police are mandated to register an FIR upon receiving information disclosing a cognizable offence, irrespective of the credibility of the information.
An FIR must be registered for investigating suspicious unnatural deaths, distinguishing between inquiries under Section 174 Cr.P.C. and criminal investigations under Section 154 Cr.P.C.
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.
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