LALITHA KUMARI vs STATE OF UTTAR PRADESH


 

CASE COMMENT

 

LALITHA KUMARI vs STATE OF UTTAR PRADESH

Criminal Appeal

W.P. (Crl) No. 68/2008

 

Petitioner- Lalitha Kumari

Respondent- Govt. of U.P and others

Bench- P. Sathasivam, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi, S.A. Bobde

Citation- 2014 2 SCC 1

Court- Supreme Court

Date of Judgment- 12/11/2013

Introduction-

Anywhere at any place if a crime is committed according to a layman who do not have any idea or knowledge about the criminal jurisprudence and the justice system generally, they approach to the nearby police station to lodge F.I.R. An F.I.R is a first information report lodged by the police in charge of the police station under section 154 of CrPc.

Any person can give information to the police related to the commission of cognisable offence. The police officer will ascertain whether the offence is cognisable or non-cognisable in nature before registration. According to CrPc, the police officer cannot lodge an F.I.R for non-cognisable offences neither can start any investigation regarding the same till the court or the magistrate directs. The police officer may conduct a preliminary verification for the limited purpose of ascertaining whether a cognisable offence has been committed or not.

Brief Fact of the case-

A minor girl (the petitioner) Lalitha Kumari was kidnapped by local goons. Her father, Mr. Bhola Kamat went to the police station for lodging FIR but the police refused. As per the direction, he approached to the Superintendent of Police for registration of FIR.But, even after that investigation was not started and the police did not take any measures for the same.

Hence, a writ petition has been filed under article 32 of Indian Constitution through her father in the supreme court.

Issues of the case-

The main issue was whether a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under Section 154 of the CrPC or the police officer has the power to conduct a “preliminary inquiry” in order to test the veracity of such information before registering the same.

Provisions/ Laws involved-

Section 154- Information in cognizable cases

(1)  Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

(2)  A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant.

(3)  Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

 

 

 

Section 2(c)- Cognizable offence

"Cognizable offence" means an offence for which, and" cognizable case" means a case in which, a police officer may, inaccordance with the First Schedule or under any other law for the time being in force, arrest without warrant;

Petitioner’s Argument-

1.     The use of word ‘shall’ in section 154(1) indicates that there is no discretionary power left to the police officer to register FIR.  In reference to this, the petitioner’s argument had referred to the cases that is B. Premchand vs Mohan koika, M/s HiralalRatanlal v state of U.P, and Govind Lal Patel vs Agricultural Procedure Market Committee, Godhra and Ors.

2.     The petitioner also contended that the word ‘information’ mentioned under section 154(1) without prefixing the words ‘reasonable’ or ‘credible’ which means that the authenticity or credibility of the information is not necessary while registering the event.

3.     Also, the counsel stated that if the information is received by the officer in charge of the police station, he must record the FIR under section 154 of the criminal procedure of the code, the reliance was put on the judgements of the apex court like state of Haryana vs Bhajan Lal, Ramesh Kumari vs State of NCT and Prakash Singh Badal v State of Punjab.

Respondent’s Argument-

1.     The respondent’s counsel argued that the registration of FIR is mandatory u/s 154 of the CrPc, if the information discloses a cognizable offence and no preliminary inquiry is allowed in such situations.

2.     But in other cases, the contention came that a preliminary inquiry should be conducted before the registration of FIR. This was based upon the following ingredients-

-       Section 154(1) must be read with article 14, 19 and 21 which provides that no person being a citizen of a country shall be subjected to any kind of hateful prosecution and an innocent shall not be implicated in a criminal case.

-       No single provision of a statute can be read and interpreted in isolation, has to be read with other provisions that is section 41, 57, 156, 157, 167, 190, 200 and 2002 of this code.

-       Also, section 154(3) enables the complainant may approach to the Superintendent of Police if the police officer in charge refuses to register FIR. It clearly states that the police officer is not bound to register it if he has doubts on the veracity of the case.

Judgement of the court-

The hon’ble apex court, in view of the same stated few guidelines-

1.     Section 154 requires the filing of a FIR if information reveals the commission of a cognizable offence and no preliminary investigation is to be conducted.

2.     If the information received does not reveal a cognizable offence but indicates the need for an investigation, a preliminary inquiry may be conducted only to determine whether or not a cognizable offence was committed.

3.     If a unanimous complaint is lodged, it must first be placed on the preliminary investigation list; if there is well-found substance regarding the commission of a cognizable offence, a FIR must be registered.

4.     If there is a possibility that a particular complaint is false, a preliminary investigation will be conducted.

5.     If the preliminary investigation reveals the commission of a cognizable offence, the FIR must be filed. If the preliminary investigation results in the complaint being closed, a copy of the entry detailing the reason for the closure must be provided to the first informant within a week.

6.     If a cognizable offence is disclosed, the police officer cannot avoid his duty to register the offence. Officers who commit mistakes must be punished.

7.     The purpose of the preliminary investigation is not to verify the veracity or otherwise of the information received, but rather to determine whether the information received reveals the commission of a cognizable offence or not.

8.     The type and location of preliminary investigations will be determined by the facts and circumstances of each case. Preliminary investigations must be conducted in cases such as matrimonial or family disputes, commercial offences, medical negligence, corruption cases, and cases where there is an unusual delay or laches in reporting the matter.

9.     A preliminary investigation must not last more than seven days while ensuring and protecting the rights of the accused and complainant. In the event of another delay, the reason for the delay must be recorded in the General Diary.

10.  Because the general diary, station diary, or daily diary is the record of all information received in a police station, all information relating to cognizable offences, whether resulting in the registration of a FIR or leading to an inquiry, must be meticulously noted in such diary. If a preliminary investigation is conducted, the reason for doing so must be documented.

Judgement Analysis-

Except in the context of the Prevention of Corruption Act and the offences under investigation by the CBI, the principle of a preliminary investigation is foreign to Indian criminal law. The officer in charge of a police station is required to record all information, whether oral or written, relating to the commission of a cognizable offence. Non-registration of cases is a serious complaint against the police. The Committee on Criminal Justice System Reforms, led by Dr. Justice V. S. Malimath, noticed the same thing.

The Committee observed:- "According to the Section 154 of the Code of Criminal Procedure, the office incharge of a police station is mandated to register every information oral or written relating to the commission of a cognizable offense. Non-registration of cases is a serious complaint against the police." 

Furtherly, Supreme Court of India has ruled that the words 'information' and 'shall' do not have to be interpreted in any other way than the literal interpretation of the text of the Statute. The Court refused other ways of interpretation, such as the purposive interpretation of statutes, as these can only create absurd and irrational interpretations that are incompatible with the relevant statute. In the whole scheme of the Code, 'Information' within the Provision means any information disclosing the cognizable offense and 'will' is anything mandatory.

Textualism allows the general public to be mindful of their rights, responsibilities, and obligations, and to restrict the extent of judicial action. Through emphasizing the language of the legislature above and beyond judicial interpretation, legislative supremacy is valued and judicial vigilance is practiced. The Court is aware that relying entirely on some form of interpretation yields questionable outcomes. Primary rules of interpretation and presumptions are used for assistance.

 

 

Conclusion

In this regard, the information given to the police must reveal the commission of a cognizable offence in the context of various counter-cases involving enlistment or non-enrolment. In such a case, a formal investigation report (FIR) must be filed. If no cognizable offence is found in the data provided, the FIR does not have to be filed right away, and the police may conduct a preliminary check or request for the sole purpose of determining whether a cognizable offence has been filed.However, if the information provided clearly indicates the commission of a cognizable offence, the only option is to file a FIR right away. Different considerations are not applicable during the FIR enrolment phase, for example, regardless of whether the data is incorrectly given, authentic, or tenable, and so on.

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