LALITA KUMARI versus GOVERNMENT OF U.P. & OTHERS

LALITA KUMARI versus GOVERNMENT OF U.P. & OTHERS

Different Benches of the Supreme Court have taken divergent views as to whether Section 154 Cr.P.C. imposes a mandatory duty to register FIR upon receiving information of a cognizable offence or allows for police discretion to conduct a preliminary inquiry. Given the conflicting precedents and submissions highlighting public importance, the matters are referred to a Constitution Bench for a clear enunciation of law.

Parties
Petitioner: Lalita Kumari; Respondents: Government of U.P. & Others
Jurisdiction
India
Judgment Date
27 February 2012
Procedural Posture
Writ Petition (criminal) / Reference to Constitution Bench
Outcome
Reference to Constitution Bench
Legal Topics
Registration of FIR, Police Procedure, Cognizable Offence, Preliminary Inquiry, Code of Criminal Procedure, Section 154
Criminal Law Constitutional Law Registration of FIR Police Procedure Cognizable Offence Preliminary Inquiry Code of Criminal Procedure, Section 154

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Lalita Kumari

Petitioner

Government of U.P. & Others

Respondents

Procedural Posture

Writ Petition (criminal) / Reference to Constitution Bench

Legal Issues

  1. 1 Whether under Section 154 Cr.P.C., a police officer is bound to register an FIR when a cognizable offence is made out or has an option/discretion of conducting preliminary enquiry before registering the FIR

Ratio Decidendi

Different Benches of the Supreme Court have taken divergent views as to whether Section 154 Cr.P.C. imposes a mandatory duty to register FIR upon receiving information of a cognizable offence or allows for police discretion to conduct a preliminary inquiry. Given the conflicting precedents and submissions highlighting public importance, the matters are referred to a Constitution Bench for a clear enunciation of law.

Court Disposition

Reference to Constitution Bench

Orders

  • Matters are referred to a Constitution Bench of at least five Judges of the Supreme Court for authoritative judgment.