Various Judgments on Registration of FIR

As per guidelines of various High Courts,  Supreme Court of India and Delhi Commissioner of Police circular that police duty is to register FIR immediately in case any cognizable offence is reported/received

a). In Badi Guravaiah Vs State of A.P.  1994 (2) Alt (Criminal)
“The delay will give room for concoction. Such delay will be taken into account if not explained properly”

b) The Hon’ble Supreme Court in Ramesh Kumari Vs State (NCT of Delhi) and others, reported in 2006 (2) SCC 677, while laying down guidelines for registration of F.I.R. has held:
“It is manifestly clear that if any information disclosing a cognizable offence is laid before an officer incharge of a Police Station satisfying the requirements of Sec. 154(1) of the Code, the said Police Officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information.”

b). HON’BLE SUPREME COURT OF INDIA in Criminal Appeal No. 1229 of 2002 in State of Haryana Vs  Bajan Lal.
“4. That the Police Officer mandatorily register a case on a complaint of a cognizable offence by the citizen under Section 154 of the Code are no more res-integra. The point of law been set at rest by this Court in the case of State of Haryana and others vs Bhajan Lal and others, 1992 Supp(1) SCC 335.

b). HON’BLE SUPREME COURT OF INDIA in Criminal Appeal No. 1229 of 2002 in title RAMESH KUMARI VS STATE(NCT OF DELHI) & ORS. Dated 21/02/2007 held in 2006(1) JCC 468 (Exhibit H):-
 “33. it is, therefore, manifestly clear that if any information disclosing a  cognizable offence is laid before an officer in charge of a police station satisfying the requirements of Section 154(1) of the Code, the said police officer has no other option except to enter the substances thereof in the prescribed form, that is to say, to register a case on the basis of such information.”

c). HON’BLE HIGH COURT OF DELHI in W.P.(Crl.)No. 1266 of 2007 dated 10/10/2007 held in para
“In all those cases where there is a refusal of registration of FIR, even where cognizable offence is reported, disciplinary action should be taken against such police officers. The Courts are unnecessary being burdened with complaints of writ petitions, where directionare sought for registration of FIRs.”

d). Ld. Commissioner of Police, Delhi vide circular no. 35/2007 dated 19/11/2007 issued instructions as under
“Keeping in view the above directions of Hon’ble High court and also as per procedure laid down u/s 154 Cr.P.C., First Information Report (FIR) should be recorded immediately on receipt of information of cognizable offence.”

e). HOB’BLE SUPREME COURT OF INDIA in Writ Petitioner (CRL.) No. 68 of 2008 in title LALITA KUMARI Vs GOVT OF U.P. & ORS. Dated 14/07/2007 held in page 3:-
“In case F.I.Rs not registered within the aforementioned time, and/or aforementioned steps are not taken by the police, the concerned Magistrate would be justified in initiating contempt proceeding against such delinquent officers and punish them for violation of its orders if no sufficient cause is shown and awarding stringent punishment like sentence of imprisonment against them inasmuch as the Disciplinary Authority would be quite justified in initiating departmental proceeding and suspending them in contemplation of the same.”

h). The Hon’ble Delhi High Court in Personal Point Vs State, reported in 1996 JCC 558 has held that
“F.I.R. has to be registered by police on receiving information about crime from any person including the accused. It is not at all necessary that F.I.R. would be registered only on complainant’s statement.”

i). In Gopal Vs State of UP 1977
“It is well settled principle of law that an F.I.R. has to be registered by police on receiving information of crime from any person including the accused.”

j) IN THE HIGH COURT OF DELHI AT NEW DELHI, W.P (Crl.) No.1266 of 2007 in judgment of
Sonu & Ors Vs State of Delhi, decided on 10.10.2007 para (7)
“In all those cases where there is a refusal of registration of FIR, even where cognizable offence is reported, disciplinary action should be taken against such police officers. The Courts are unnecessary being burdened with complaints or writ petitions, where directions are sought for registration of FIRs”.

h) IN THE HIGH COURT OF Allahabad, Crl. Revision petition No.2308/2009 Roop Ram Vs Stae of UP.
as per CrPC s.154 and 156(3)-Judicial as said in Roop Ram Vs Stae of UP
“Besides above, non compliance of the above directions of this Court shall also be treated to be a deliberate defiance by the concerned authorities above mentioned constituting contempt of this Court and may be taken up before the Court concerned having jurisdiction in the matter, whenever it is brought to the notice of this Court”.