LALITA KUMARI versus GOVT. OF U.P. AND ORS.

LALITA KUMARI versus GOVT. OF U.P. AND ORS.

Registration of FIR is mandatory under s.154 Cr.P.C. if information received discloses commission of a cognizable offence; police cannot conduct preliminary inquiry except in specified categories; registration of FIR is not violative of Article 21.

Source-derived case information.

Parties
Petitioner: Lalita Kumari; Respondent: Govt. of U.P. and Ors.
Jurisdiction
India
Judgment Date
12 November 2013
Procedural Posture
Writ Petition (criminal) / Constitution Bench Reference Answered
Outcome
Reference answered. Mandatory registration of FIR clarified with exceptions.
Legal Topics
FIR Registration, Preliminary Inquiry, Code of Criminal Procedure S.154, Cognizable Offence, Rights Under Article 21
Criminal Law Constitutional Law Police Law FIR Registration Preliminary Inquiry Code of Criminal Procedure S.154 Cognizable Offence Rights Under Article 21

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Parties

Lalita Kumari

Petitioner

Govt. of U.P. and Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Constitution Bench Reference Answered

Legal Issues

  1. 1 Whether registration of FIR on information relating to commission of cognizable offence under s.154 Cr.P.C. is mandatory or subject to preliminary inquiry
  2. 2 Whether the police may conduct preliminary inquiry before registering FIR
  3. 3 Whether non-registration of FIR violates Article 21

Ratio Decidendi

Registration of FIR is mandatory under s.154 Cr.P.C. if information received discloses commission of a cognizable offence; police cannot conduct preliminary inquiry except in specified categories; registration of FIR is not violative of Article 21.

Court Disposition

Reference answered. Mandatory registration of FIR clarified with exceptions.

Orders

  • Registration of FIR is mandatory if information discloses cognizable offence; no preliminary inquiry except in specified cases (matrimonial disputes, commercial offences, medical negligence cases, corruption cases, abnormal delay/laches).
  • Preliminary inquiry, if conducted, must be completed within 7 days and its initiation and outcome recorded in General Diary.