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Lalita Kumari v. Govt. of Up

The Supreme Court case Lalita Kumari v. Govt. of U.P. addressed whether police are required to register a First Information Report (FIR) upon receiving information about a cognizable crime or can first conduct a preliminary inquiry. The Court held that (1) police must register an FIR if the information discloses a cognizable offense, and (2) preliminary inquiries are only permitted to ascertain if a cognizable offense occurred, and must be completed within 7 days. The case aimed to balance the rights of complainants and accused by clarifying police procedures for handling crime reports.

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117 views

Lalita Kumari v. Govt. of Up

The Supreme Court case Lalita Kumari v. Govt. of U.P. addressed whether police are required to register a First Information Report (FIR) upon receiving information about a cognizable crime or can first conduct a preliminary inquiry. The Court held that (1) police must register an FIR if the information discloses a cognizable offense, and (2) preliminary inquiries are only permitted to ascertain if a cognizable offense occurred, and must be completed within 7 days. The case aimed to balance the rights of complainants and accused by clarifying police procedures for handling crime reports.

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vrindasharma300
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LALITA KUMARI V. GOVT. OF U.P.

(2014)2SCC1

Facts

In this case the petitioner Bhola Kamat filed a missing report at the police station
as Lalita Kumari, his minor daughter did not return for half an hour 2 and he was
not successful in tracing her. Even after registration of the FIR against some
private respondents who were the chief suspects, the police did not take any action
to trace Lalita Kumari. According to the allegation of Bhola Kamat, he was asked
to pay money for initiating investigation and to 3 arrest the accused persons.
Ultimately, the petitioner filed this petition under Article 32 of the Constitution
before this Court. The court on 14.7.2008 passed a comprehensive order
expressing its grave anguish on 4 non-registration of the FIR even in a case of
cognizable offence.

Issue:

The main issue was whether a police officer is bound to register a First Information
Report (FIR) upon receiving any information relating to commission of a
cognizable offence under Section 154 of the CrPC 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.

Argument of the petitioner:

The counsel on behalf of the petitioner contended that upon receiving an


information disclosing commission of a cognizable offence, it is imperative on part
of the officer-in-charge of the police station to register a case under section 154 of
CrPC.
• Argument of the respondent:

The contention raised by the counsel of the defendant was that the officer-in charge
of the police station is not obliged under law to register a case on disclosure of
commission of a cognizable offence, rather in suitable cases, to hold a preliminary
inquiry to check the veracity of the allegations made in the report.

•Judgement:
The Supreme Court observed that-

1. Registration of FIR is mandatory under section 154, if information discloses


commission of a cognizable offence and no preliminary inquiry is to be done in
such case.

2. If 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 there was a commission of a cognizable offence or not.

3. If a unanimous complaint is lodged, it must first be put in the list of preliminary


inquiry, if there is well found substance regarding commission of cognizable
offence, then FIR is to be registered.

4. If there is a chance that a certain complaint could be false, preliminary inquiry is


to be conducted.
5. If preliminary inquiry discloses commission of a cognizable offence, the FIR
must be registered. In cases where preliminary inquiry ends in closing the
complaint, the copy of the entry of such closure must be supplied to the first
informant within a week disclosing the reason behind closing the case.

6. The police officer cannot avoid his duty of registering offence if cognizable
offence is disclosed. Action must be taken against erring officers.

7. Scope of preliminary inquiry is not to verify veracity or otherwise of the


information received but only to ascertain whether information received discloses
commission of cognizable offence or not.

8. As to what type and in which cases preliminary inquiry is to be conducted will


depend on facts and circumstances of each case. Preliminary inquiry must be done
in cases like-

a. matrimonial disputes or family disputes

b. commercial offences

c. medical negligence

d. corruption cases
e. cases where there is an abnormal delay or laches in reporting the matter.

9. While ensuring and protecting rights of accused and complainant, a preliminary


inquiry must not exceed 7 days. In case of further delay, the reason behind the
delay must be noted down in the General Diary.

10. Since general diary or station diary or daily diary is the record of all
information received in a police station, it is directed that all information relating
to cognizable offences, whether resulting in registration of FIR or leading to an
inquiry must be meticulously noted in such diary. If preliminary inquiry is done,
the reason behind doing so is to be noted.

• Further development: Answering this question of law, matter was referred before
the appropriate bench for disposal based on merit.

• Importance of the case: Registration of FIR in case of cognizable offence was


made mandatory.

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