Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Legal requirement for police notices and complaints - Under law, police can issue notices to individuals based on complaints or information received, but such notices must comply with legal procedures, including the registration of a cognizable offence and proper documentation (e.g., FIR). For instance, a notice issued without reference to a registered crime or FIR is considered arbitrary and illegal ["Sharlet Sebastian D/o T.P. Devasia vs State of Karnataka - Karnataka"]. Similarly, notices under Section 41A of Cr.P.C. must specify the offence or reason for summons; otherwise, they risk being invalid ["Tavaragi Rajashekhar Shiva Prasad, S/o. Tavaragi Rajashekhar VS State Of Karnataka, Through Secretary Of Home Department, Represented By SPP, High Court Of Karnataka - Karnataka"].
Procedure for initiating police action based on complaints - Police authorities are required to register a complaint as an FIR before proceeding with investigation or issuing notices. If a complaint is received without registration of an FIR, the police must forward the complaint to the appropriate jurisdictional police station for registration and investigation. Direct action without such registration is illegal ["Khadeer Ahmed T. S. v. State of Karnataka and Others - Karnataka"]. The law mandates that investigation begins only after the registration of a formal complaint or FIR, and any preliminary inquiries should be conducted in accordance with due procedure ["Rajasinh Dilipsinh Rathod and Others v. State of Gujarat and Others - Gujarat"].
Complaints and notices related to non-criminal or unregistered cases - Police cannot summon individuals or issue notices without a registered complaint or FIR. Summoning or calling individuals to police stations without a registered offence or proper notice violates constitutional rights (Articles 14 and 21). For example, calling a person repeatedly without a registered case or proper legal basis is deemed arbitrary and unlawful ["Namburi Mukherji Victor vs The State of Telangana - Telangana"], ["Mohd Rizwan Ilyas vs The State of Telangana - Telangana"].
Police harassment and unlawful summons - Several cases highlight that police calling individuals repeatedly without any registered offence or proper legal procedure constitute harassment and violate fundamental rights. The courts have directed police to follow due process and refrain from coercive measures without proper legal basis ["Kommerishetty Sridhar vs The State of Telangana - Telangana"], ["Gutthi Satish Reddy vs The State of Telangana - Telangana"].
Role of courts and magistrates - Courts emphasize that complaints should be properly registered, and investigation should be initiated only after registration of FIR, or through proper legal channels. Magistrates can direct police to register cases or proceed with investigation but cannot authorize arbitrary summons or harassment ["Basina Veera Venkata VS State of Andhra Pradesh - Andhra Pradesh"], ["G. Rajesh v. Officer In Charge Aluva Police Station - Kerala"].
Analysis and Conclusion:Police actions such as issuing notices or summoning individuals without a registered complaint or FIR are illegal and violate constitutional rights. Law mandates that police must register complaints as FIRs before proceeding with investigations or issuing notices, and any preliminary inquiries must follow due legal procedures. Summons issued without proper legal basis can be challenged as arbitrary. Courts have consistently directed police authorities to act in accordance with law, ensuring that individuals are not harassed or summoned unlawfully ["Sharlet Sebastian D/o T.P. Devasia vs State of Karnataka - Karnataka"], ["Khadeer Ahmed T. S. v. State of Karnataka and Others - Karnataka"], ["Namburi Mukherji Victor vs The State of Telangana - Telangana"]. Therefore, individuals can request police to follow lawful procedures before taking any coercive action or summoning them to police stations.
Have you ever approached a police station with a serious complaint, only to be turned away without action? Many people in India face this frustrating situation, wondering: Can police refuse to register a complaint or issue a notice as per law? Whose notice does the police station act on? This common query highlights a critical aspect of criminal law under the Code of Criminal Procedure (CrPC), 1973. Understanding police obligations can empower you to assert your rights effectively.
In this comprehensive guide, we break down the legal framework, Supreme Court rulings, remedies for non-compliance, and practical tips. Note: This is general information based on established precedents and is not specific legal advice. Consult a qualified lawyer for your situation.
The question often arises in garbled form like: police with a any complaint to take out it as per law and as the whose notice police station. Simplified, it asks whether police must act on any complaint by registering it or issuing notices, and under whose authority the station operates.
Under Indian law, the answer is nuanced but clear for cognizable offences (serious crimes like murder, theft, or assault where police can arrest without warrant). Police are mandated to register a First Information Report (FIR) under Section 154 CrPC when a complaint discloses such an offence, regardless of its credibilityLallan Chaudhary VS State Of Bihar - 2006 7 Supreme 700Lalita Kumari VS Government of U. P. - 2012 2 Supreme 321. They cannot discretionarily refuse or conduct preliminary inquiries in place of registration Lalita Kumari VS Government of U. P. - 2012 2 Supreme 321Lallan Chaudhary VS State Of Bihar - 2006 7 Supreme 700.
As held in Lalita Kumari v. Govt. of U.P.K. V. Bhaskar VS State of Andhra Pradesh - 2022 0 Supreme(AP) 461, When a report was lodged with the Police disclosing commission of a cognizable offence that it is mandatory on the part of the police to register F.I.R. and to investigate the same. This landmark ruling eliminates police discretion at the registration stage.
Section 154 CrPC imposes a statutory obligation on police to record information about cognizable offences in a FIR book and initiate investigation. Key points include:
In practice, complaints like those in H. N. Paramesh S/o Narayan Shetty VS State by Hassan Pension Mohalla Police - 2018 Supreme(Kar) 281 show FIRs registered based on written complaints (Ex.P1), followed by immediate investigation. Similarly, Mohd. Arshad Faisal vs The State of Telangana - 2025 Supreme(Online)(Tel) 70369 notes FIR No.220/2025 registered under BNS sections based on a complaint about campaigning threats.
Police cannot say, We'll verify first or ignore based on suspicion of falsehood. If false, they investigate and act accordingly—but registration is first Lallan Chaudhary VS State Of Bihar - 2006 7 Supreme 700. Exceptions like preliminary inquiries are limited and don't replace FIR Lalita Kumari VS Government of U. P. - 2012 2 Supreme 321Lallan Chaudhary VS State Of Bihar - 2006 7 Supreme 700.
If police stall, you have robust options:
In Sakiri VasuXYZ VS State of Madhya Pradesh - 2022 7 Supreme 177, the Supreme Court clarified: If a person has a grievance that the police station is not registering his FIR under Section 154 CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC... If such grievance persists, then he can approach a Magistrate under Section 156(3) CrPC, who can direct the FIR to be registered and investigation to be conducted.
Magistrate orders are binding. T.T. AntonyAntony VS State of Kerala - 2001 0 Supreme(Ker) 301 emphasizes: When a Magistrate directs investigation under Section 156(3), the police must register the FIR and start investigation.
Other sources reinforce this. In SAVITA W/O. RAVEENDRA CHOUGALA VS RAVEENDRA S/O. BAPUJI CHOUGALA - 2018 Supreme(Kar) 642, courts note police must take complaints and act per law, allowing respondents to lodge at jurisdictional stations. Delays or refusals invite contempt, as in Vinay Asharam Rathi VS M. S. Rao & others - 2003 Supreme(Bom) 100, where police faced punishment for non-compliance with Magistrate orders, lacking remorse for dereliction Vinay Asharam Rathi VS M. S. Rao & others - 2003 Supreme(Bom) 100.
Police cannot arbitrarily summon via notice without basis. Mohd Rizwan Ilyas vs The State of Telangana - 2025 Supreme(Online)(Tel) 32982 and Mohd Rizwan Ilyas vs The State of Telangana - 2025 Supreme(Online)(Tel) 59502 highlight writs against calling petitioners to stations without Section 35(3) BNSS notice (successor to CrPC provisions), directing police to follow due procedure. This protects against harassment absent complaints.
In assault cases like Dinesh Yadav VS State Of Jharkhand - 2018 Supreme(Jhk) 1961, complainants approached courts after police inaction, underscoring judicial remedies. Similarly, K. P. Jayaram VS State of NCT Delhi - 2016 Supreme(Del) 2348 involves notices under Sections 160/41A CrPC, but police remain free to act on valid complaints post-settlement quashing.
Multiple FIRs for the same incident are generally barred unless new offences/jurisdictions Antony VS State of Kerala - 2001 0 Supreme(Ker) 301Akbaruddin Owaisi VS Govt. of A. P. rep. , by its Principal Secretary - 2013 0 Supreme(AP) 550.
| Principle | Legal Basis ||-----------|-------------|| Mandatory FIR for cognizable offences | Section 154 CrPC Lallan Chaudhary VS State Of Bihar - 2006 7 Supreme 700K. V. Bhaskar VS State of Andhra Pradesh - 2022 0 Supreme(AP) 461 || No credibility check at registration | Lalita Kumari K. V. Bhaskar VS State of Andhra Pradesh - 2022 0 Supreme(AP) 461 || Magistrate directions binding | Section 156(3) Lalita Kumari VS Government of U. P. - 2012 2 Supreme 321XYZ VS State of Madhya Pradesh - 2022 7 Supreme 177 || Remedies for refusal | SP/Magistrate/Court Lalita Kumari VS Government of U. P. - 2012 2 Supreme 321 |
In summary, police stations act on valid complaints disclosing cognizable offences, with FIR registration as the cornerstone. Refusals are unlawful, and remedies ensure accountability. Stay informed, act decisively, and seek professional help.
References (from provided documents):1. Lallan Chaudhary VS State Of Bihar - 2006 7 Supreme 700: Mandatory duty on cognizable offences.2. Lalita Kumari VS Government of U. P. - 2012 2 Supreme 321: Remedies via Magistrate.3. K. V. Bhaskar VS State of Andhra Pradesh - 2022 0 Supreme(AP) 461: Lalita Kumari on no discretion.4. XYZ VS State of Madhya Pradesh - 2022 7 Supreme 177: Sakiri Vasu remedies.5. Antony VS State of Kerala - 2001 0 Supreme(Ker) 301: T.T. Antony on Magistrate directions.6. Others integrated as noted.
Word count approx. 1050. Empower yourself with knowledge—justice starts with the FIR.
#FIRRegistration, #PoliceDutyIndia, #CrPCRights
The said notice has stood exhausted today and issue fresh notice and the concerned police would issue fresh notice and proceed further, in accordance with law. 4. ... It is also pointed out that though the petitioners have no objection for the respondents to issue fresh notice and proceed further, in accordance with law, respondents may be directed not to take any precipitative steps against the petitioner nor arrest them pursuant to the impugned #HL....
Until and unless a complaint is registered before the jurisdictional Police Station, the fourth respondent has no power to take up the matter directly on the basis of the complaint received and issue notice calling upon the petitioner to appear before him on certain date and time. ... The fourth respondent is directed to forward the complaint in question to the jurisdictional Police Station forthwith and the jurisdictional #HL_START....
Considering the principle rendered in Daulat Ram' s case (supra), the law can be summarised to the effect that there must be a complaint by the public servant whose lawful order has not been complied with and such complaint must be in writing. The provisions of S.195 Cr. P. ... All these applications involve identical questions on law and hence, they are decided by this common judgment. ... 2. RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of re....
to the Police Station. ... AM/PM on …… at Police Station. ... am/pm on …… at … Police Station. ... Any notice so issued under Section 41-A if not complied with, the Station House Officer is entitled to arrest the noticee. Therefore, the noticee must be aware of why he is being summoned to the Police Station, as summoning to the Police Station is not summoning a person to a happly....
Under S.173(2) of the Code of Criminal Procedure, as soon as the investigation is completed, the officer in charge of the Police Station shall forwarded to the Magistrate empowered to take cognizance of the offence on a Police report and report in the prescribed form under sub-r.(ii). ... This is a petition filed under Art.227 of the Constitution of India by the de facto complainant in Crime No. 497/02 of Aluva Police Station. ... The learned Magistrate is directed to issue a #HL_START....
Shorn of unnecessary details, the case of the petitioners, in brief, is that the 5th respondent is frequently calling the petitioners to the police station and making them sit for long time without issuing any notice and without there being any crime registered against them, which ... law without interfering with the life and liberty of the petitioners. ... Learned Government Pleader further submits that the respondents- authorities, on receiving the aforesaid complaint, made a GD entry and in order to ....
same and take appropriate action strictly in accordance with law and follow due procedure as contemplated under law before taking any action against the petitioner. ... House Officer, Dabeerpura, in calling the petitioner to the Police Station without issuing any notice under Section 35(3) BNSS, petitioner filed the present writ petition with a consequential prayer to direct the respondent Police not to call the petitioner to the Police ... #HL_STAR....
same and take appropriate action strictly in accordance with law and follow due procedure as contemplated under law before taking any action against the petitioner. ... House Officer, Dabeerpura, in calling the petitioner to the Police Station without issuing any notice under Section 35(3) BNSS, petitioner filed the present writ petition with a consequential prayer to direct the respondent Police not to call the petitioner to the Police ... #HL_STAR....
House Officer, Dabeerpura, in calling the petitioner to the Police Station without issuing any notice under Section 35(3) BNSS, petitioner filed the present writ petition with a consequential prayer to direct the respondent Police not to call the petitioner to the Police station without following due ... same and take appropriate action strictly in accordance with law and follow due procedure as contemplated under law before taking....
The said Juber also campaigned in complainant’s colony and requested to take necessary action as per law. Based on the above complaint, respondent No.3 registered FIR No.220 of 2025 under Sections 329 (4), 299 of BNS, dated 08.09.2025 against Juber @ Kureshi who is arrayed as Accused No.1. ... station without there being any complaint against the petitioner is arbitrary illegal and in violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents no....
Ex.P1 - complaint said to be received by PW-26 and based upon that complaint he recorded FIR as per Ex.P23. PW-1 went to the police station with a written complaint as per Ex.P1. Subsequent, to recording of FIR, the case has been taken up for investigation by PW-22 being the IO in part who visited the scene of crime on 24.2.2007.
According to the respondent there was a life threat to him from the brothers of the petitioner, it is always open for him to lodge a complaint within the jurisdictional police station. In the entire objections, except contention raised that he has already lodged complaint against the relative of the petitioner. Nothing is mentioned in the objections that brother of petitioner threatened to his life. It is for the police to take the complaint and necessary action in accordance with law.
Then the appellants-accused along with co-accused person assaulted the complainant and her husband. She then went to police station but as police did not take any action, she filed the complaint case in court.
On 21.03.2016 a notice under Ss. 160, 41A Cr.PC was sent by Police Station EOW, Mandir Marg, New Delhi to the petitioner to join investigation. MA stating therein that he never settled the matter with the company or its directors. As such, it was observed that while quashing the FIR No.366/06 Police Station Kalkaji, Delhi it had neither dealt with nor commented upon the complainant’s complaint and the order dated 24.04.2008 not to be construed by the police as a closure of the complaint of complainant and that the police was free to take any action in accordance with law on the com....
There was no specific direction to the respondent No. 2 to take any steps in relation to the investigation to be carried out by the M.R.A. Undoubtedly, being a Police Commissioner, a Head of the Department, under whose jurisdiction, the concerned Police Station functions, if any complaint is brought to his notice by any person about failure on the part of such officers in such Police Stations to comply with their duties, the Commissioner should certainly take note of such complaint in accordance with provisions of law. However, even assuming that there was failure in that r....
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