INTERN'S :.

SHWETA TIWARI

TASK 4 -. CASE COMMENTARY

CASE NAME : LALITA KUMARI V. GOVT. OF UP

COURT : SUPREME COURT OF INDIA

CITATION : 2013 ( 13 ) SCALE 559

PETITIONER :. LALITA KUMARI

RESPONDENT : GOVT OF UP

BENCH :. JUSTICE P. SATHASIVAM , JUSTICE B.S. CHAUHAN ,

JUSTICE RANJANA PRAKASH DESAI , JUSTICE RANJAN GOGOI ,
JUSTICE S. A. BOBDE

PROVISIONS INVOLVED :. SECTION 154 OF CODE OF CRIMINAL

PROCEDURE 1973

INTRODUCTION
Basically this case is related to the Registration of FIR . We listen to FIR very well , when
any cognizable offence happens then the person goes to the police station to lodge an FIR
under Section 154 of CRPC . And Police officers register the FIR and start investigation . So
the Police in charge of the police station is bound to register an FIR under Section 154 of
Crpc or not decided in this case . But FIR can be lodged only in the case of cognizable
offences . So here the question arises , what is cognizable offence ?
So Section 2(a) of CRPC defines cognizable offences , cognizable offence means that
when a police officer can arrest a person without warrant . Basically cognizable offences
are very serious in nature. For Example - Murder , Rape , Theft , Robbery , Dacoity etc.
offences which affect the society .
FACTS OF THE CASE

In this case , Petitioner Lalita Kumari was a minor girl and kidnapped by local goons . Her
father went to the Police station for lodging an FIR but the Police incharge of the Police
station refused to register the FIR . After That he went to the Superintendent of Police and
under his direction an FIR was registered but no investigation was done by the police for
finding the girl . Then he approached The Supreme Court of India through a writ petition
under Article 32 .

ISSUES RAISED IN THIS CASE

● Whether a Police in charge of the Police station is bound to register an FIR under
Section 154 of CRPC on receiving information regarding cognizable offences ?

● Whether a police officer can do a preliminary inquiry before registering an FIR ?

CONTENTIONS

The counsel from the Petitioner side stated that when a police officer in charge of the police
station receives information related to cognizable offence , then he has to mandatory register
FIR under Section 154 of CRPC . Because of in the case of State of Haryana V. Bhajan Lal
& Ramesh Kumari V. State of Delhi . The counsel of Petitioner attention to the court that
the word shall is used in the Section 154 it signifies that it is compulsory for the police
officer to register an FIR .
The counsel from the respondent side submitted to the court that registration of FIR is the
application of mind and verification of the facts . And registration of FIR is not so mandatory.

JUDGEMENTS

In this case, the Supreme Court issued the following guidelines regarding the registration of
FIR . It was held that " Registration of FIR is mandatory if information discloses the
commission of cognizable offence ." Guidelines to read as follows :
● Registration of FIR is mandatory under Section 154 of CRPC , if information
discloses commission of a cognizable offence and no preliminary inquiry is
permissible in such a situation .
● If the 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 cognizable offence is disclosed or not .
● If the inquiry discloses the commission of a cognizable offence , the FIR must be
registered .
● The police officer cannot refuse his duty of registering an offence if cognizable
offence is disclosed . Action must be taken against erring officers who do not register
the FIR if information received by him is a cognizable offence .
● As to what type of cases preliminary inquiry is to be conducted will depend upon the
facts and circumstances .
Matrimonial disputes
Commercial offences
Medical negligence
Corruption cases
● A preliminary inquiry should exceed 7 days .

CONCLUSION

Finally we can say that this case has most important and gives remedy to the informant and
duty bound to the police officers who avoid doing their duties .
 REFERENCES

From the Bare Act ( Code of Criminal Procedure 1973 )

https://www.livelaw.in