FACTS- The writ petition filed by lalita kumari through her father for issuance of writ of Habeas Corpus or directions of like nature against the respondents herein for the protection of minor daughter who has been kidnapped. The grievance in said writ petition that on written report no action taken by officer. After which Superintendent of police was moved an FIR was registered. Even thereafter no step taken.
Issue- whether a police officer is bound to register a FIR upon receiving any information relating to commission of a cognizable offence under section 154?
GUIDELINES ISSUED BY THE SUPREME COURT IN THIS CASE
- Registration of FIR is mandatory, if the information disclosed commission of the cognizable offence.
- No preliminary enquiry is necessary for registering FIR of cognizable offence. The FIR must be registered entry of such closure must be supplied to the first informant forthwith and not later than one week.
- The reason for not proceeding further is to be stated.
- The police officer has to register the FIR if it discloses the commission of cognizable offence. If he doesn’t do then the action must be taken against that police officer.
- The scope of preliminary inquiry isn’t to verify the veracity or otherwise of the information reveals any cognizable offence.
- The category of cases in which preliminary inquiry may be made are as under:
- Matrimonial disputes (family disputes)
- Commercial offence
- Medical negligence cases
- Corruption cases
- Cases where there is abnormal delay in initiating criminal prosecution without satisfactorily explaining the reason for delay.
However these are not exhaustive list.
- A preliminary inquiry should be made time bound and in any case it shouldn’t exceed 7 days & reason for delay must be explained in general diary.
- All the information related to commission of cognizable offence must be entered in general diary.