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Lalita Kumari vs Govt.Of U.P.& Ors on 27 February, 2012
Showing the contexts in which section 156(3) cr.p.c doctypes: judgments author:D Bhandari appears in the document
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this petition is whether under Section 154 of the Code of Criminal Procedure Code, a police officer is bound to register an FIR when a cognizable offence is made out or he has some latitude of conducting some kind of preliminary enquiry before registering the FIR. 8. Mr. S.B. Upadhyay, learned senior advocate appearing for the petitioner has tried to explain the scheme of Section 154 Cr.P.C. with the help of other provisions of the Act. According to him, whenever information regarding cognizable offence is brought to the notice of the SHO, he has no option but to register the First Information Report. 9. This Court also issued notice to the learned Attorney General for India to assist the Court in this matter of general public importance. Mr. Harish P Raval, the learned Additional Solicitor General appeared before 5 the Court and made comprehensive submissions. He also filed written submissions which were settled by him and re-settled by the learned Attorney General for India. 10. Learned Additional Solicitor General submitted that the issue which has been referred to this Court has been decided by a three-Judge Bench of this Court in the case of Aleque

depended upon a Manual regulating the conduct of officers of an organization, i.e., CBI. i) A reference to para 9.1. of the said Manual would show that preliminary enquiry is contemplated only when a complaint is received or information is available which may after verification as enjoined in the said Manual indicates serious misconduct on the part of the public servant but is not adequate to justify registration of a regular case under provisions of Section 154 Cr.P.C. Such preliminary inquiry as referred to in para 9.1 of the CBI Manual as also to be registered after obtaining approval of the competent authority. It is submitted that these provisions cannot be imported into the statutory scheme of Section 154 so as to provide any discretion to a 1 police officer in the matter of registration of an FIR. j) The purpose of registration of an FIR are manifold -that is to say i) To reduce the substance of information disclosing commission of a cognizable offence, if given orally, into writing ii) if given in writing to have it signed by the complainant iii) to maintain record of receipt of information as regards commission of cognizable offences

information, report is not a condition precedent to the setting in motion of a criminal investigation. It is further held, that no doubt, in the great majority of cases criminal prosecution are undertaken as a result of the information received and recorded in this way. (As provided in Sections 154 to 156 of the earlier Code). It is further held that there is no reason why the police, if in possession through their own knowledge or by means of credible though informal intelligence which genuinely leads them to the belief that a cognizable offence has been committed, should not of their own motion undertake an investigation into the truth of the matters alleged. It is further held that Section 157 of the Code when directing that a police officer, who has a reason to suspect from information or otherwise, that an offence which he is empowered to investigate under Section 156 has been committed, he shall proceed to investigate the facts and circumstances of the case. It is further held in 1 the said judgment that, in truth the provisions as to an information report (commonly called a First Information Report) are enacted for other reasons. Its object

that Section 154 of the Code prescribed the mode of recording the information received orally or in writing by an officer incharge of a police station in respect of commission of a 1 cognizable offence. Section 156 thereof authorizes such an officer to investigate any cognizable offence prescribed therein. Though, ordinarily investigation is undertaken on information received by a police officer, the receipt of information is not a condition precedent for investigation. 16. It is further held that Section 157 prescribes the procedure in the matter of such an investigation which can be initiated either on information or otherwise. It is also held that it is clear from the said provision that an officer in charge of a police station can start investigation either on information or otherwise. The judges in the said judgment referred to a decision of this Court in the case of H.N. Rishbud and Inder Singh v. The State of Delhi 1955 SCR (1) 1150 at pp.1157-58 that the graphic description of the stages is only a restatement of the principle that a vague information or an irresponsible rumour would not by itself constitute information within the meaning of Section