21 December 2023 FIR >> Criminal Law   |   Investigation >> Criminal Law  

A recent High Court decision has come down in favor of a Petitioner who was initially denied an FIR (First Information Report) by the police after their son was allegedly assaulted.

Background:

The Petitioner's son reportedly suffered serious injuries in an attack by a group of individuals. Despite the severity of the injuries, which fall under the category of a cognizable offense, the police opted to register a non-cognizable report. This essentially meant a less serious investigation compared to an FIR.

Petitioner's Argument:

The Petitioner argued that the police officer failed to fulfill their duty by not registering an FIR despite the clear presence of a cognizable offense. They contested the decision of the lower courts which upheld the police action.

High Court's Decision:

The High Court intervened and quashed the orders passed by the lower courts. The court emphasized Section 154 of the CrPC (Code of Criminal Procedure), which mandates the registration of an FIR if the information received by the police reveals a cognizable offense.

Reasoning Behind the Decision:

The High Court based its decision on the landmark Supreme Court judgement in "Lalita Kumari vs. Government of Uttar Pradesh." This judgement established that registering an FIR is mandatory for cognizable offenses. The court further clarified that a preliminary inquiry by the police can only be conducted to determine if a cognizable offense has been committed, not to investigate the truthfulness of the complaint itself.

Conclusion:

This ruling represents a victory for the Petitioner. The High Court's order compels the police to register an FIR based on the complaint lodged by the petitioner, paving the way for a proper investigation into the alleged assault.

  Code of Criminal Procedure, 1973