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S. TALAPATRA
Milan Chandra Kar – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
S. Talapatra, J. - Being aggrieved by the action of the police, the petitioner has filed this petition under Article 226 of Constitution of India urging direction on the respondents to keep complaints of the petitioner dated 13.09.2020 (Annexure-1 to the writ petition) and dated 20.08.2021 (Annexure-6 to the writ petition) filed before Officer in Charge of RK Pur police station (reproduced with accuracy). In short, non registration of the FIR on the basis of the said complaint has aggrieved the petitioner.
2. According to the petitioner, the said complaint clearly discloses cognizable offence and despite that position, no case was registered against the accused persons. The police, without registering a case for commission of the offence as disclosed by the said complaint (Annexure-1 to the writ petition), entered the substance of the said complaint in the station diary vide RK Pur Police Station GDE No. 22 dated 20.08.2021 and thereafter, the police submitted a prosecution report (PR, for short) vide No. RK Pur PS PR No. 197 dated 03/09/2021 under Section 107 of the Cr.P.C. According to the petitioner, the said act is not only unfair on the part of the police but an act in
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 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.....
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 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 High Court does not entertain a writ petition to compel FIR registration when alternative remedies under the Criminal Procedure Code are available, reinforcing the requirement for exhaustion of s....
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
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.
Prompt registration of an FIR is essential when directed by a magistrate under Cr.P.C. 156(3).
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