In this landmark case, Supreme Court clarified the position on 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?”
Conclusion/Directions:
111) In view of the aforesaid discussion, we hold:
Lalita Kumari Vs Govt.Of U.P.& Ors on 12 November, 2013(i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
(ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.
(iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.
(iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.
(v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.
(vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under:
(a) Matrimonial disputes/ family disputes
(b) Commercial offences
(c) Medical negligence cases
(d) Corruption cases
(e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay.
The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.
(vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry.
(viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.
Citation: [(2014) 2 SCC 1], [2014 JCC SC 1 1], [2013 SCALE 13 559], [2013 RCR CRIMINAL SC 4 979], [2014 AIR SC 187], [2013 JT 14 399], [2013 CRIMES SC 4 243], [2013 AIOL 744], [2013 SLT 9 1], [2013 BOMCR CRI SC 4 680], [2013 SUPREME 8 1], [2014 CRIMES SC 4 488], [2013 ALLMR CRI SC 4444], [2013 AIR SC 6386], [2014 SCC CRI 1 524], [2014 SCC 2 1], [2013 SCC ONLINE SC 999], [2013 CTC 6 353], [2013 KERLT 4 632], [2014 CRILJ 470], [2014 AIC 134 155], [2013 KLJ 4 686], [2014 ECRN 1 180], [2014 KCCR 2 1305], [2014 CHN 2 7], [2013 PLJR 4 504], [2014 GLT SC 2 1], [2013 KHC 4 552], [2014 NCC 1 161], [2014 ALT CRL AP 1 100], [2014 ALLCC 84 719], [2014 SCJ 1 68], [2014 GLD SC 2 355], [2013 JLJR 4 505], [2013 UC 3 2017], [2013 MPHT SC 5 336], [2013 AD SC 12 209], [2014 OLR 1 5], [2014 ALD CRL SC 1 159], [2013 MLJ CRI 4 579], [2014 LW CRL 1 1], [2014 CHN SC 2 7], [2014 OLR SC 1 5], [2013 KLT SC 4 632], [2013 ALLMR CRI 4444], [2013 KLT 4 632], [2013 MLJ CRL 4 579], [2013 BOMCR CRI 4 680], [2014 CRI LJ 470], [2013 RCR CRIMINAL 4 979], [2013 JT SC 14 399], [2013 AIR SCW 6386]
Other links :
https://indiankanoon.org/doc/10239019/
https://www.casemine.com/judgement/in/5609af33e4b0149711415cb3
