'Cops can probe charge before registering FIR'

16 Oct 2007 The Times of India
NEW DELHI: The cops can get back to their old habit of refusing or delaying registration of FIRs, a year after they were put on a leash by two SC judgments declaring that they had to lodge an FIR if any cognisable offence was reported.

Virtually modifying the two judgments, the apex court on Friday gave them the leeway to step around the earlier mandate. A Bench comprising justices S B Sinha and H S Bedi said police officers, in appropriate cases, had a duty to make a preliminary inquiry so as to find out whether allegations made in the complaint had any substance.

Giving this ruling, the Bench dismissed a petition filed by one Rajinder Singh Katoch, who had complained that the Chandigarh police refused to register an FIR though his complaint disclosed commission of a cognisable offence.

The Bench was aware of the iron cast judgments of last year. It said, “We are not oblivious to the decision of the court in Ramesh Kumari vs State (NCT of Delhi) wherein a statutory duty has been found in the police officer. But, as indicated here, in an appropriate case the police officers also have a duty to make a preliminary inquiry so as to find out whether allegations made had any substance.” In 2006, two judgments of the apex court said if any information disclosing a cognisable offence was made before an officer in charge of a police station, such police officer had no other option but to register the case on the basis of such information.

In crux of the judgments was that “reliability, genuineness and credibility of the information are not the condition precedent for registering a case under Section 154 of the Criminal Procedure Code (CrPC)”.

In the first judgment, in Ramesh Kumari vs State (NCT of Delhi) case, the apex court said, “The police officer is duty bound to register the case on receiving information disclosing cognizable offence. Genuineness or credibility of the information is not a condition precedent for registration of a case. That can only be considered after registration of the case.”

In the second judgment, in the case Lallan Chaudhary vs State of Bihar, the court had said, “The mandate of Section 154 is that at the registration of a crime or a case on the basis of information disclosing a cognizable offence, the police officer concerned can’t embark upon an inquiry as to whether the information laid by the informant is reliable or otherwise and refuse to register a case on the ground that the information is not relevant.”

http://timesofindia.indiatimes.com/India/Cops_can_probe_charge_before_registering_FIR/articleshow/2461692.cms

With Thanks from the Times of India

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