Case Note & Summary
The appeal arose from the non-registration of a case by the police following complaints filed by the appellant on 9.9.1997 and 13.9.1997 regarding a cognizable offence. The appellant had been granted a stay order by the Delhi High Court protecting her possession of land, which was violated by the respondents. Despite filing complaints with the police, no case was registered, prompting the appellant to approach the High Court. The High Court noted the pendency of a contempt petition and suggested alternative remedies, ultimately dismissing the appellant's petition. The Supreme Court found that the High Court erred in its reasoning, reiterating that under Section 154(1) of the Criminal Procedure Code, the police are mandated to register a case upon receiving information of a cognizable offence without assessing its credibility. The court referenced previous judgments to underscore that the police officer's duty to register a case is non-negotiable. The Supreme Court directed the Central Bureau of Investigation (CBI) to register the case and conduct an investigation, emphasizing the need for an independent agency due to the allegations against police personnel. The CBI was instructed to complete the investigation within three months, and the High Court was requested to expedite the contempt petition's disposal.
Headnote
A) Criminal Procedure - Registration of FIR - Mandatory Duty of Police - Code of Criminal Procedure, 1973, Section 154 - Police officers are statutorily obliged to register a case upon receiving information disclosing a cognizable offence without questioning the reliability of the information. The court held that the High Court erred in dismissing the petition on the grounds of alternative remedy and pending contempt petition, emphasizing that the police must register the case as per the mandatory provisions of Section 154(1) (Paras 31-33).
Issue of Consideration
Whether the police were obligated to register a case based on the appellant's complaint of a cognizable offence.
Final Decision
The Supreme Court directed the CBI to register a case and investigate the complaints filed by the appellant on 9.9.1997 and 13.9.1997, emphasizing the mandatory nature of registration under Section 154 of the Criminal Procedure Code. The CBI was instructed to complete the investigation within three months, and the High Court was requested to expedite the contempt petition's disposal.
Law Points
- Mandatory registration of FIR
- Cognizable offence
- Police duty under Section 154
- Criminal Procedure Code
- 1973
