લલીતાકુમારી નું લેન્ડ માર્ક જજમેન્ટ – સુપિમ કોર્ટ ઓફ ઇન્ડિયા

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• Lalita Kumari was a minor girl who was kidnapped, following which her father, Bhola Kamat, filed a habeas corpus petition in the Supreme Court.
• He alleged that even though he had submitted a written report to the officer-in-charge of the police station concerned, no action was taken. An FIR was filed only after the matter reached the superintendent of police.
• While hearing the case, the top court noticed disparity in registration of FIRs on a case to case basis across the country after it issued notice to the central and state governments.  www.vakilsaheb.org

• Lalita_Kumari_vs_Govt_Of_U_P_Ors_on_12_November_2013

• Download Judgement Full in PDF

• What is 154 of CRPC ?
• CRPC at a GLANCE -Notes
• CRPC MCQ

Mandatory Registration of FIR- Supreme Court Guidelines in Lalita Kumari Case 

A Constitution Bench of the Supreme Court in Lalita Kumari v. Govt. of U.P [W.P.(Crl) No; 68/2008] held that registration of First Information Report is mandatory under Section 154 of the Code of Criminal Procedure , 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. The Supreme Court issued the following Guidelines regarding the registration of FIR.

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(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.

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(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.

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(iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who donot register the FIR if information received by him discloses a cognizable offence.

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(v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the informationreceived but only to ascertain whether the information reveals any cognizable offence.

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(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   (www.vakilsaheb.org)
(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.

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source :- http://jowaipolice.gov.in/Laws_and_References/sc_ruling_judgement/02_Mandatory_Registration_FIR_Supreme_Court_Guidelines.pdf