Case Analysis
In a significant ruling, the Supreme Court of India reaffirmed the mandatory nature of First Information Report (FIR) registration under Section 154 of the Criminal Procedure Code (Cr.P.C.) when the information provided indicates the commission of a cognizable offence. This decision came in the case of Sindhu Janak Nagargoje v. State of Maharashtra, where the apex court overturned a High Court decision that dismissed the writ petition filed by the appellant, Sindhu Janak Nagargoje.
The case stemmed from a tragic incident where the appellant’s brother, Shivaji Bangar, was severely beaten and succumbed to his injuries. Despite multiple attempts to register the crime, the police failed to file an FIR. The appellant’s subsequent writ petition was also dismissed by the High Court. The Supreme Court, referencing the Constitution Bench’s decision in Lalita Kumari v. State of Uttar Pradesh, held that FIR registration is compulsory if the information reveals a cognizable offence.
The judgment underscores the duty of the police to register an offence without discretionary power when a cognizable offence is disclosed. It also clarifies the procedure to be followed when the information received does not immediately disclose a cognizable offence, outlining the conditions under which a preliminary inquiry may be conducted.