SC: Police Must Register FIR On Complaint Of Cognizable Offence

Here is the link to the judgment

Here is an excerpt:

The concerned police officer is statutorily obliged to register the  case on the basis of the offence disclosed in the complaint  petition and proceed with investigation in terms of procedure  contained under Sections 156 and 157 of the Code.

“Holding that the conduct of the police has led to grave miscarriage of justice, the apex court in its judgment dated October 12 observed, “Section 154 of the Code thus casts a statutory duty upon police officer to register the case, as disclosed in the complaint, and then to proceed with the investigation. The mandate of section 154 is manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station, such police officer has no other option except to register the case on the basis of such information.” Rejecting the plea of delay in trial, the court said,”No doubt, quick justice is sine-qua-non of Article 21 of the Constitution, but when grave present case is committed by the police officer, the ground of delay of disposal of cases or miscarriage of justice as pointed out in the otherwise would not scuttle the miscarriage of justice, similarly, we are of the view that in given facts and circumstances of this case, the accused themselves would be laible to be blamed for the delay if any,” Dismissing the appeal of Lallan Choudhary and others, the apex court also said, “Hence the police officer concerned is duty bound to register the case on receiving information disclosing cognisable offence. Genuineness or credibility of the information is not a condition precedent for registeration of a case. That can only be considered after the registeration of the case. The police officer concerned cannot embark upon an inquiry as to whether the information laid by the informant is reliable and genuine or otherwise and refuse to register a case on the grounds that the information is not relevant or credible.”

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1 Response to “SC: Police Must Register FIR On Complaint Of Cognizable Offence”


  1. 1 vijay sharma March 14, 2011 at 6:03 am

    sir mera

    Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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