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2013 Supreme(SC) 1032

P. SATHASIVAM, B. S. CHAUHAN, RANJANA PRAKASH DESAI, RANJAN GOGOI, S. A. BOBDE
Lalita Kumari – Appellant
Versus
Govt. of U. P. – Respondent


Judgement Key Points

The legal document provides a comprehensive analysis of the statutory obligation of police officers under Section 154 of the Criminal Procedure Code regarding the registration of FIRs upon receiving information about cognizable offences. The core ratio established is that the registration of an FIR is a mandatory duty when information discloses a cognizable offence, and this obligation is absolute and cannot be circumvented by preliminary inquiries or verification processes (!) (!) . The language of Section 154(1), notably the use of the word "shall," signifies a clear legislative intent that police must record such information without discretion, emphasizing the mandatory nature of FIR registration in these circumstances (!) (!) .

Furthermore, the law clarifies that the purpose of FIR registration is to set the criminal process into motion and ensure transparency and accountability in police procedures. It is not contingent upon the credibility, reasonableness, or verification of the information at the time of registration; these are issues to be examined during subsequent investigation (!) (!) (!) . The registration is to be recorded in a dedicated FIR book with a unique number for each FIR, facilitating strict tracking and oversight (!) (!) .

The document also distinguishes FIR registration from preliminary inquiries or investigations, which are separate procedural steps that can be undertaken after registration if deemed necessary, but do not negate the mandatory obligation to register the FIR initially (!) (!) (!) . It emphasizes that police discretion to conduct preliminary inquiries before FIR registration is limited and only permissible in specific circumstances where the information does not clearly disclose a cognizable offence (!) (!) .

Additionally, the document underscores that the police's failure to register an FIR when the information discloses a cognizable offence constitutes a violation of statutory duty and can undermine the rule of law and victims' rights (!) (!) (!) . Safeguards such as the right to approach higher authorities or judicial remedies are available if FIRs are unjustly withheld (!) .

In sum, the ratio derived from the document firmly establishes that the registration of an FIR upon receipt of information disclosing a cognizable offence is a mandatory statutory duty, and any deviation from this obligation without lawful exception is unlawful. Preliminary inquiries are permissible only as a means to verify whether the information discloses a cognizable offence, not as a substitute for mandatory registration (!) (!) (!) .


Judgment :-

P. Sathasivam, CJI.

1) The important issue which arises for consideration in the referred matter is whether “a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under Section 154 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) or the police officer has the power to conduct a “preliminary inquiry” in order to test the veracity of such information before registering the same?”

2) The present writ petition, under Article 32 of the Constitution, has been filed by one Lalita Kumari (minor) through her father, viz., Shri Bhola Kamat for the issuance of a writ of Habeas Corpus or direction(s) of like nature against the respondents herein for the protection of his minor daughter who has been kidnapped. The grievance in the said writ petition is that on 11.05.2008, a written report was submitted by the petitioner before the officer in-charge of the police station concerned who did not take any action on the same. Thereafter, when the Superintendent of Police was moved, an FIR was registered. According to the petitioner, even thereafter, steps were not taken either for appr




























































































































































































































































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