Supreme Court: It is not necessary to conduct preliminary inquiry as per Lalita kumari's Judgment if cognizable offence is made out against accused

 The scope of a preliminary inquiry, as clarified in the said judgment, is limited to situations where the information received does not prima facie disclose a cognizable offence but requires verification. However, in cases where the information clearly discloses a cognizable offence, the police have no discretion to conduct a preliminary inquiry before registering an FIR. The decision in Lalita Kumari (supra) does not create an absolute Rule that a preliminary inquiry must be conducted in every case before the registration of an FIR. Rather, it reaffirms the settled principle that the police authorities are obligated to register an FIR when the information received prima facie discloses a cognizable offence. {Para 12}

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1313 of 2025.

Decided On: 17.03.2025

Pradeep Nirankarnath Sharma Vs. State of Gujarat and Ors.

Hon'ble Judges/Coram:

Vikram Nath and P.B. Varale, JJ.

Author: Vikram Nath, J.

Citation: 2025 INSC 350,MANU/SC/0346/2025.

Read full Judgment here: Click here.

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