2013ALLMR(Cri)4444, 2013(4)BomCR(Cri)680, 2013(6)CTC353, 2013(4)J.L.J.R.505, 2013(4)MLJ(Crl)579, 2013(4)PLJR504, 2013(4)RCR(Criminal)979, 2013(13)SCALE559
IN THE SUPREME COURT OF INDIA
Decided On: 12.11.2013
Appellants: Lalita Kumari
Vs.
Respondent: Govt. of U.P. and Ors.
Vs.
Respondent: Govt. of U.P. and Ors.
Hon'ble Judges/Coram:P. Sathasivam , C.J.I., Balbir Singh Chauhan , Ranjana Prakash Desai , Ranjan Gogoi and Sharad Arvind Bobde , JJ.1
Criminal - Recording of First Information Report (FIR) - Whether a police officer is bound to register FIR upon receiving any information relating to commission of a cognizable offence under Section 154 of the Code of Criminal Procedure, 1973 (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? - Held, 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 - 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 - 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 - 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 - 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 - As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case - Category of cases in which preliminary inquiry may be made are (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 and all mentioned are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry - 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 - Fact of such delay and the causes of it must be reflected in the General Diary entry - Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, 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
Criminal - Interpretation of Section 154 of the Code of Criminal Procedure, 1973 - Held, the condition that is sine qua non for recording an FIR under Section 154 of the Code is that there must be information and that information must disclose a cognizable offence - If any information disclosing a cognizable offence is led before an officer in charge of the police station satisfying the requirement of Section 154(1), the said police officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information - Provision of Section 154 of the Code is mandatory and the concerned officer is duty bound to register the case on the basis of information disclosing a cognizable offence - Using the word shall in the context of Section 154(1) of the Code is to ensure that all information relating to all cognizable offences is promptly registered by the police and investigated in accordance with the provisions of law - Investigation of offences and prosecution of offenders are the duties of the State - For cognizable offences, a duty has been cast upon the police to register FIR and to conduct investigation except as otherwise permitted specifically under Section 157 of the Code - First Information Report is in fact the information that is received first in point of time, which is either given in writing or is reduced to writing. It is not the substance of it, which is to be entered in the diary prescribed by the State Government
Criminal - Interpretation of Section 154 of the Code of Criminal Procedure, 1973 - Held, the condition that is sine qua non for recording an FIR under Section 154 of the Code is that there must be information and that information must disclose a cognizable offence - If any information disclosing a cognizable offence is led before an officer in charge of the police station satisfying the requirement of Section 154(1), the said police officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information - Provision of Section 154 of the Code is mandatory and the concerned officer is duty bound to register the case on the basis of information disclosing a cognizable offence - Using the word shall in the context of Section 154(1) of the Code is to ensure that all information relating to all cognizable offences is promptly registered by the police and investigated in accordance with the provisions of law - Investigation of offences and prosecution of offenders are the duties of the State - For cognizable offences, a duty has been cast upon the police to register FIR and to conduct investigation except as otherwise permitted specifically under Section 157 of the Code - First Information Report is in fact the information that is received first in point of time, which is either given in writing or is reduced to writing. It is not the substance of it, which is to be entered in the diary prescribed by the State Government
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