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SAURABH LAVANIA
Mobeen – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SAURABH LAVANIA, J.
1. 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:
“Protection of Life and Personal Liberty. No person shall be deprived of his life of personal liberty except according to procedure established by law.”
Our Constitutional forefathers, though inspired by Fourtsenth Amendment of the U.S. Constitution, substituted its words “without due process of law” with “procedure established by law” emphasising the importance of procedure that the state has mandatorily to adopt while prosecuting an accused. The relevant Article of U.S. Constitution reads as under:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S; nor snail any State deprive any person of life, liberty, or property, without due pro
FIR registration is mandatory when a cognizable offence is disclosed; GD entries may be treated as FIRs in certain cases.
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.
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.
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