Mandatory FIR registration on cognizable complaints, with time-bound preliminary enquiry where no cognizable offence is disclosed.

When a complaint discloses a cognizable offence, FIR registration is mandatory under Section 154 CrPC; where it does not, a preliminary enquiry is permissible to determine whether such an offence is made out. A complaint cannot be left unattended without action. The Madras HC directed police to receive the complaint, register an FIR forthwith if a cognizable offence was disclosed, and, if not, complete a preliminary enquiry within fifteen days and proceed according to law.

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Issues: Whether the police were bound to register an FIR on the complaint or, if the information did not disclose a cognizable offence, to conduct a preliminary enquiry within a fixed time.

Analysis: The complaint had been kept unattended without action. The governing principle applied was that registration of an FIR is mandatory when the information discloses a cognizable offence under Section 154 of the Code of Criminal Procedure, 1973. If the information does not disclose a cognizable offence, a preliminary enquiry is permissible to ascertain whether such an offence is disclosed. Since the complaint was not acted upon, directions were warranted under the Court's inherent jurisdiction.

Conclusion: The police were directed to receive the complaint and, if a cognizable offence was disclosed, register the FIR forthwith; if not, conduct a preliminary enquiry within fifteen days and act accordingly.

Ratio Decidendi: When a complaint discloses a cognizable offence, FIR registration is mandatory; otherwise, a time-bound preliminary enquiry may be undertaken, and police cannot leave the complaint unattended.

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