Registration of a case – Reasonableness and Credibility of Information

The reasonableness and credibility of the information is not a condition precedent to the registration of a case. The import of casting a mandatory obligation on the Officer-in-Charge of a police station to record information relating to the commission of a cognizable offence and to register a case thereon, has been emphasized in the decisions of the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, 1991 (28) ACC 111 (SC) and in Prakash Singh Badal v. State of Punjab, (2007) 1 SCC 1. At the same time arrest of an accused immediately on the registration of an FIR has been held not to be mandatory. The Criminal Procedure code confers a power upon the police to close a matter both before and after the investigation. A police officer can foreclose an FIR before an investigation under Section 157, if appears to him that there is no sufficient ground to investigate it. The police officer is empowered also to investigate the matter and file a final report under Section 173. In Lalita Kumari v.Government of Uttar Pradesh, 2014 (84) ACC 719 (SC), it was held that the police is not liable to launch an investigation in every FIR which is mandatorily registered on receiving information relating to the commission of a cognizable offence. The scheme of the Code not only ensures that the time of the police should not be wasted on false and frivolous information but also that the police should not intentionally refrain from doing its duty of investigating cognizable offences. Jagannath Verma v. State of U.P., 2015 (88) ACC 1 (FB).

Advertisements

Leave a comment

Filed under Criminal Law, Regsitration of a Case

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s