Lalita Kumari vs State of UP
FACTS
The petition was filed by Lalita Kumari who is a minor through her father under Article 32 invoking the writ jurisdiction for Haebeas Corpus for the minor who was kidnapped. A written report was submitted by the petitioner in a police station however the officer in charge took no action. Only after the involvement of the Superintendent of Police was the FIR filed but no steps were further taken. ISSUES
Is there an obligation on the police officer to register an FIR upon receiving any information relating to the commission of a cognisable offence under BNSS [CrPC] or is there a power to conduct a preliminary inquiry to test the veracity of the information?
LAWS INVOLVED
CrPC Sec 154(1)
BNSS Sec. 173
JUDGEMENT
The Supreme Court ruled that if the information of a cognisable offence is given an FIR must be filed as per the word "shall" in sec 173 of the BNS [154 of CrPC]. The aim of preliminary inquiry is not to check the veracity of the information but rather the aspect that it is a cognisable offence and if it is found to be a cognisable offence then an FIR must be filed. The preliminary inquiry shall not exceed 7 days and any information related to cognisable offences resulting in FIR or inquiry must be diligently jotted in the General diary/station diary/Daily diary. Therefore, mere information is sufficient in context of a Cognisable offence to register an FIR.
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