LALITA KUMARI VS GOVT OF UP : CASE SUMMARY
The Supreme Court held in Lalita Kumari Vs Govt. of U.P. (2013) 14 SCR 713 that if information received by officer -in-charge of Police Station discloses cognizable offence, FIR has to mandatory registered without any preliminary inquiry. In medical negligence cases, matrimonial cases, corruption cases, commercial disputes etc. preliminary inquiry may be conducted.
FACTS OF THE CASE
Writ Petition was filed by Lalita Kumari (minor) through her father seeking writ of habeus corpus for her protection. It was stated therein that written complaint was filed before officer-in-charge of the police station, but no action was taken. After intervention of the Superintendent of the Police, FIR was registered.
The Supreme Court noted that there are divergent judicial opinions on whether under section 154 Cr. P. C. police officer is bound to register FIR if cognizable offences are made out or police officer has discretion to conduct preliminary inquiry. The matter was referred to constitution bench.
FINDINGS OF THE SUPREME COURT
The Supreme Court noted that a plain reading of Section 154(1) provides that any information relating to cognizable offence has to be reduced to writing by him or under his direction. The Court noted that first and foremost interpretation of statute is literal rule of interpretation.
The Supreme Court noted that in Bhajan Lal it was observed that at the time of registration of case on the basis of information disclosing cognizable offence under Section 154, a police officer can not embark upon inquiry as to whether information is reliable or genuine or credible. Information used under Section 154 is not qualified with “credible information” or “reasonable information”.
The Supreme Court observed that the word “shall” used in Section 154 shows the legislative intent was mandatory registration of FIR if information discloses cognizable offence.
FIR Book and General Diary
The Supreme Court observed that FIR Book and General Diary are different records. The Supreme Court dispelled the contention that first information has to be entered into General Diary and after preliminary inquiry FIR has to be registered. The Supreme Court observed that FIR Book is maintained under provisions of Section 154 while General Diary is maintained under Police Act. FIR has to be recorded by giving annual number for proper tracking by superior officer and competent court.
Preliminary Inquiry
The Supreme Court dispelled contention that preliminary inquiry should be conducted before registration of FIR. The Court observed that earliest recording of FIR sets investigation in motion and ensures documentation. It also prevents embellishment in the FIR.
Registration of FIR not only ensures transparency in criminal justice delivery system but also ensures judicial oversight as copy of FIR has to be sent to Jurisdictional Magistrate.
The Supreme Court also dispelled the contentions that mandatory registration of FIR may result in arbitrary arrests which will be in violation of Article 21. The Supreme Court noted that registration of FIR and arrest are two different concepts. Several safeguards are available against arbitrary arrest.
The Supreme Court has carved out category of cases wherein preliminary inquiry may be conducted. These category of cases are medical negligence disputes, matrimonial disputes, commercial disputes, corruption cases, and cases where there are delay in registration of FIR.
DIRECTIONS
The Supreme Court directed that registration of FIR is mandatory if information discloses commission of cognizable offence. If information does not disclose cognizable offence, an inquiry can be conducted to ascertain whether cognizable offence have been committed. Action should be taken against erring officials who do not register FIR if information received disclose cognizable offence. The need of preliminary inquiry will depend on facts and circumstances of the case. Preliminary inquiry can be conducted in medical negligence cases, matrimonial cases, corruption cases, commercial disputes and cases where FIR has been lodged after long delay. Such preliminary inquiry has to completed within seven days.
_____________________________________________________
Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.