Re: [IAC#RG] recent Supreme court decision to mandatorily file FIR in cognizable offence

Dear Rakeshji,

Kindly download SC Judgment on FIR.

Milap Choraria

On Sun, Nov 17, 2013 at 1:03 PM, Rakesh <rakeshbhma@gmail.com> wrote:

Hi,
Where is the judgement copy as stated by Sarabjit?  Pls. send across
the same (PDF or MS Word format).

CHEERS!
Rakesh

On 11/16/13, Sarbajit Roy <sroy.mb@gmail.com> wrote:
> Dear Manoj,
> Thanks for judgment copy. Will circulate.
>
>
> On Sat, Nov 16, 2013 at 11:35 AM, Manoj Kamra <manojkamra@gmail.com> wrote:
>
>>
>>
>>
>> Dear Sir,
>>
>> This decision will be helpful. No need of Preliminary enquiry for
>> cognizable offence or result of P.E.in a week .
>>
>> CONCLUSION OF DECISION
>> 111) In view of the aforesaid discussion, we hold:
>> (i) Registration of FIR is mandatory under Section 154 of the Code, if
>> the
>> information discloses commission of a cognizable offence and no
>> preliminary
>> inquiry is permissible in such a situation.
>> (ii) If the information received does not disclose a cognizable offence
>> but indicates the necessity for an inquiry, a preliminary inquiry may be
>> conducted only to ascertain whether cognizable offence is disclosed or
>> not.
>> (iii) If the inquiry discloses the commission of a cognizable offence,
>> the
>> FIR must be registered. In cases where preliminary inquiry ends in
>> closing
>> the complaint, a copy of the entry of such closure must be supplied to
>> the
>> first informant forthwith and not
>> later than one week. It must disclose reasons in brief for closing the
>> complaint and not proceeding further.
>> (iv) The police officer cannot avoid his duty of registering offence if
>> cognizable offence is disclosed.Action must be taken against erring
>> officers who do not register the FIR if information received by him
>> discloses a cognizable offence.
>> (v) The scope of preliminary inquiry is not to verify the veracity or
>> otherwise of the information received but only to ascertain whether the
>> information reveals any cognizable offence.
>> (vi) As to what type and in which cases preliminary inquiry is to be
>> conducted will depend on the facts
>> and circumstances of each case. The category of cases in which
>> preliminary
>> inquiry may be made are
>> as under:
>> (a)Matrimonial disputes/ family disputes
>> (b)Commercial offences
>> (c) Medical negligence cases
>> (d)Corruption cases
>> (e) Cases where there is abnormal delay/laches in initiating criminal
>> prosecution, for example, over 3 months delay in reporting the matter
>> without satisfactorily explaining the reasons for delay.The aforesaid are
>> only illustrations and not exhaustive of all conditions which may warrant
>> preliminary inquiry.
>> (vii) While ensuring and protecting the rights of the accused and the
>> complainant, a preliminary inquiry should be made time bound and in any
>> case it should not exceed 7 days. The fact of such delay and the causes
>> of
>> it must be reflected in the General Diary entry.
>> (viii) Since the General Diary/Station Diary/Daily Diary is the record of
>> all information received in a police
>> station, we direct that all information relating to cognizable offences,
>> whether resulting in registration of FIR or leading to an inquiry, must
>> be
>> mandatorily and meticulously reflected in the said Diary and the decision
>> to conduct a preliminary inquiry must also be reflected, as mentioned
>> above
>>
>> PLEASE FORWARD IT.
>>
>>
>>
>>
>> with regards+-
>> Manoj K.Kamra
>> 7B37,JNV Nagar,
>> Bikaner-334003
>> Mob-9414139029
>>
>>
>>
>>
>>
>

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Milap Choraria
:National Convenor : Movement for Accountability to Public (MAP)
http://milapchoraria.tripod.com/msp