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        Case ID :

        2006 (10) TMI 512 - SC - Indian Laws

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        Mandatory FIR registration for cognizable offences: police cannot screen credibility at the outset, and limited registration was corrected. Section 154 of the Code makes FIR registration mandatory when information discloses a cognizable offence, and the police cannot assess credibility or ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Mandatory FIR registration for cognizable offences: police cannot screen credibility at the outset, and limited registration was corrected.

                            Section 154 of the Code makes FIR registration mandatory when information discloses a cognizable offence, and the police cannot assess credibility or restrict investigation at that stage. Where the complaint alleged robbery and other cognizable offences, limiting the case to lesser offences and omitting Section 395 was wrongful, because the full disclosure had to be investigated. The Magistrate's mechanical acceptance of the restricted charge was corrected, and the High Court's direction to proceed was upheld; the delay and speedy-trial plea did not outweigh the need to remedy the miscarriage of justice.




                            Issues: Whether a police officer is bound to register an FIR and investigate when a complaint discloses cognizable offences, and whether the High Court was justified in directing the Magistrate to proceed in accordance with Section 209 of the Code of Criminal Procedure.

                            Analysis: Section 154 of the Code casts a mandatory duty on the police to register a case when information discloses a cognizable offence. At the stage of registration, the police cannot test the reliability, genuineness, or credibility of the information. Where the complaint disclosed offences including robbery and other cognizable offences, the police erred in registering the case only for some lesser offences and omitting the offence under Section 395, thereby preventing investigation into the full disclosure in the complaint. The Magistrate also mechanically accepted the limited charge, and the High Court correctly corrected that error. The plea based on delay and speedy trial did not outweigh the need to remedy the miscarriage of justice, and the application for alteration of charge was also wrongly rejected.

                            Conclusion: The High Court's direction was upheld and the challenge to it failed.

                            Final Conclusion: The appeal was dismissed as the impugned order was found to be legally sound, and the accused were not entitled to relief.

                            Ratio Decidendi: Registration of an FIR under Section 154 of the Code is mandatory whenever information discloses a cognizable offence, and the police cannot refuse registration or restrict investigation on the basis of their own assessment of credibility at that stage.


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