Judgments High Courts & Apex Court

(A) LAW WITH RESPECT TO COMPULSORY REGISTRATION OF FIR DISCLOSING COMMISSION OF COGNIZABLE OFFENCE (I) “In BOMBAY(Criminal) 08/10/2008 (J-R) APPW/271/2007, a full bench judgment of the Bombay High Court had laid down that cops should register the FIR against the accused person within two days of being informed of commission of any cognizable offence.” The comprehensive judgment, among other things, says that, the law inescapably requires the police officer to register the information received by him in relation to commission of a cognizable offence. Under the scheme of the CrPC, no choice is vested in the police officer between recording or not recording the information received. This Judgment of Bombay High Court or Judgments of any High Court can be used in any Court in India. (II) In Writ Petition (CRL) no 68 of 2008 (Latika Kumar vs. Govt of UP & Others). On 14th July 2008 , Justice BN Agarwal and Justice GS Singhvi " directed, “We feel that it is high time to giv...

Para 5. Large number of petitions under Article 226 of the Constitution of India are being filed in this Court making a grievance regarding failure to register the offence in accordance with sub-section 1 of Section 154 of the said Code, though either complaint in writing is lodged with the concerned police station or the statement of the complainant is recorded by the Police. Such petitions are being filed only because the concerned officer of the police do not care to inform the complainants about the action taken on the complaints. In view of the decision of the Full Bench, at highest and that also in exceptional and rare cases, the concerned officer has time of two days to hold preliminary enquiry. In all other cases, the officer is expected to act immediately. Only in exceptional cases, he gets time of two days. The very fact that subsection (3) of Section 154 gives a remedy to the person aggrieved by the failure on the part of the officer to record the information shows that ...