Recently, the Supreme Court, in a development, emphasized the mandatory requirement for the registration of FIRs in accordance with Section 154 of the Code of Criminal Procedure (CrPC) whenever the police receive information regarding a cognizable offense.

A division bench comprising Justices Bela M. Trivedi and Dipankar Dutta was hearing from the decision of the Bombay High Court ruling, wherein a plea to compel the state to initiate a criminal case was denied.

 “In the instant case, the complaints submitted by the appellant to the concerned respondents did disclose the commission of cognizable offence and also the names of the alleged offenders. In that view of the matter, we allow the present appeal and direct that the concerned respondents shall proceed further with the complaints filed by the appellant in accordance with law”.

The Court provided a following guidelines to this matter:

• Mandatory Registration of FIR - the registration of an FIR is complusory when the information received clearly discloses the commission of a cognizable offense.
• Preliminary Inquiry- If the received information does not explicitly indicate a cognizable offense but suggests the need for an inquiry, a preliminary inquiry may be conducted. However, this inquiry should solely focus on determining whether a cognizable offense is disclosed or not.
• Inquiry Outcome: If the preliminary inquiry reveals the commission of a cognizable offense, the FIR must be registered. Conversely, if the inquiry concludes that a cognizable offense is not disclosed, a summary of the closure of the complaint, including concise reasons, should be promptly provided to the informant, within a week.
• Responsibility of Police Officer - Failure to register FIR may result in action against erring officers,
• Scope of Preliminary Inquiry: The Court clarifies that the scope of a preliminary inquiry is not to verify the accuracy of the received information, but rather to determine whether it reveals a cognizable offense. The types of cases warranting preliminary inquiries are specified, for example-matrimonial and family disputes
• Time-Bound Preliminary Inquiry- preliminary inquiries should be conducted within a time frame of no more than 7 days
• Inclusion in General Diary-This requirement encompasses details related to FIR registration, initiation of preliminary inquiries, and any subsequent developments. The inclusion of this information serves to enhance transparency and accountability
• Reflection of Delays- The causes for such delays must also be documented, ensuring a comprehensive record of the investigative timeline.

Case Brief -

In the said matter, the appellant's brother was subjected to physical assault and subsequently passed away on April 3, 2020. On April 5, the appellant visited the police station to file a First Information Report (FIR), but the Police Officer refrained from registering the case. Despite submitting additional complaints, no action was taken.

In response, the appellant approaches the High Court (HC), which unfortunately rejected his petition. Dissatisfied with this outcome, he escalated the matter by lodging an appeal before the Supreme Court.

Case title: Sindhu Janak Nagargoje v. State of Maharashtra