CAUSETITLE:
Lalita Kumari v Govt. of U.P. & Ors.
DATE OF ORDER:
12-11-2013
JUDGE(S):
P Sathasivam, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi, S.A. Bobde
BRIEF FACTS:
- A young girl who filed the petition was kidnapped by local thugs. Bhola Kamat, her father, attempted to file an FIR at the police station but was turned away. The father then went to the police superintendent, who ordered the registration of an FIR. Even yet, no inquiry was opened, and neither the police nor the accused were ever found, much alone the young girl. As a result, a writ petition under Article 32 was submitted to the Supreme Court.
ISSUE
Does a police officer have the authority to conduct a preliminary investigation to determine the accuracy of any information received regarding the commission of a crime that is punishable under Section 154 of the Code of Criminal Procedure, 1973 before registering a FIR?
THE ARGUMENT ON BEHALF OF THE PETITIONER:
- The petitioner's attorney argued that the official in charge of the police station must immediately file a complaint under section 154 of the CrPC after receiving information revealing the commission of a cognizable offense.
THE ARGUMENT ON BEHALF OF THE RESPONDENT:
- The defendant attorney for the defendant argued that the officer in charge of the police station is not required by law to file a case after learning of the commission of a crime that is punishable by law; rather, in appropriate circumstances, he or she should conduct a preliminary investigation to determine whether the allegations in the report are true.
ANALYSIS OF COURT
- According to the Supreme Court, if the information reveals the commission of a crime that is punishable by law, a formal police report (FIR) must be registered and no preliminary investigation is necessary.
- A preliminary inquiry may only be carried out to determine whether a cognizable offense was committed or not if the information collected suggests the need for an investigation but does not reveal the existence of a cognizable infraction.
- If a confidential complaint is made, it must first be added to the list of preliminary inquiries. If there is solid evidence that a crime has been committed, an FIR must be filed.
- A preliminary investigation must be carried out if there is a probability that a particular complaint might be untrue.
- The FIR must be filed if the preliminary investigation reveals the commission of a cognizable offense. If the preliminary investigation results in the complaint being closed, the original informant must be given a copy of the closure entry within a week and be told why the case was closed.
- If a cognizable offense is exposed, the police officer is obligated to report it. It is necessary to punish negligent police.
- The purpose of a preliminary investigation is to determine whether or not information obtained reveals the commission of a crime that is punishable by law, not to confirm the accuracy of the information received.
- The facts and circumstances of each case will determine the type of preliminary investigation to be done and in which situations. Matrimonial or familial disputes, business misdeeds, cases of medical malpractice or corruption, and situations where there has been an unusual delay or laxity in reporting the matter must all be the subject of preliminary investigation.
- A preliminary investigation cannot be longer than seven days while upholding and defending the rights of the complainant and the accused. If the delay persists, the general diary must be updated with the cause of the delay. It is mandated that all information relevant to cognizable offenses, whether resulting in the registration of an FIR or generating an inquiry, be scrupulously recorded in such a diary since the general diary, station diary, or daily diary is the record of all information received in a police station. If a preliminary investigation is conducted, the rationale behind it must be stated.
