Registration of FIR in cognisable offence must, no discretion

Registration of FIR by police in cognisable offence is a must and action must be taken against officials for not lodging a case on the complaint filed in such offences, the Supreme Court held today.
A five-judge Constitution Bench headed by Chief Justice P Sathasivam said if discretion is allowed to the police in registration of first information reports (FIRs) then it can have serious consequences on
the public order situation and can also adversely affect the rights of the victims.
The bench, also comprising justices B S Chauhan, Ranjan P Desai, Ranjan Gogoi and S A Bobde, however said that depending on facts of the case, a preliminary inquiry may be allowed in cases of matrimonial disputes, commercial offences, medical negligence, corruption cases.

"We hold registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation," the bench said.
"The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence," it said.

"Reasonableness or credibility of the information is not a condition precedent for the registration of a case," the bench said
Referring to provisions of Criminal Procedure Code, the bench said there is no ambiguity in law that registration of FIR is compulsory.

"The legislative intent is therefore quite clear, i.E., to ensure that every cognizable offence is promptly investigated in accordance with law. This being the legal position, there is no reason that there should be any discretion or option left with the police to register or not to register an FIR when information is given about the commission of a cognizable offence," it said.
"If a discretion, option or latitude is allowed to the police in the matter of registration of FIRs, it can have serious consequences on the public order situation and can also adversely affect the rights of the victims including violating their fundamental right to equality," the bench said in its 96-page verdict.