To Quash FIR
Delhi High CourtContact Ph No: 9650499965 or WhatsApp
Supreme Court has given Directions to be followed in regards to Registration of an FIR, these directions are discussed below:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 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.
- 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.
- Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, it was directed by Supreme Court that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatory and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.
The first information report means an information recorded by a police officer on duty given either by the aggrieved person or any other person to the commission of an alleged offence.
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