Case Note & Summary
The petitioner, Smt. Vijaya Vasant Nikam, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, complaining that despite making a complaint dated 26th August 2011 to the Vadgaon Nimbalkar Police Station alleging commission of a cognizable offence, no action had been taken. The court heard the learned counsel for the petitioner and the learned APP for the State. The court noted that on the previous date, the APP was directed to take instructions, but the concerned officer had not provided any. The court then examined Section 154 of the Code of Criminal Procedure, 1973, emphasizing that subsection (1) uses the word 'shall', which is mandatory. Referring to the Full Bench decision in Sandeep Rammilan Shukla v. State of Maharashtra & Ors. (2009), the court held that the officer-in-charge has an absolute duty to record information and register an FIR when a cognizable offence is disclosed. However, a limited preliminary inquiry is permissible only in exceptional and rare cases, and such inquiry must be completed expeditiously, within two days. The court directed the respondent police to register the FIR based on the petitioner's complaint and investigate the matter in accordance with law. The writ petition was disposed of with these directions.
Headnote
A) Criminal Procedure - Registration of FIR - Mandatory Duty - Section 154 Code of Criminal Procedure, 1973 - The court held that Section 154(1) uses the word 'shall' which is mandatory, placing an absolute duty on the officer-in-charge to record information and register an FIR when a cognizable offence is disclosed. A limited preliminary inquiry is permissible only in exceptional and rare cases, to be completed within two days. (Paras 3-4)
Issue of Consideration
Whether the police have a mandatory duty to register an FIR upon receiving information disclosing a cognizable offence, and whether a preliminary inquiry is permissible before registration.
Final Decision
The court directed the respondent police to register the FIR based on the petitioner's complaint dated 26th August 2011 and investigate the matter in accordance with law. The writ petition was disposed of.
Law Points
- Section 154 CrPC is mandatory
- preliminary inquiry only in exceptional cases
- limited to two days
Case Details
2012 LawText (BOM) (10) 51
WRIT PETITION NO.3386 OF 2012
A.S. Oka, Smt. Sadhana S. Jadhav
Mr. Ganesh Bhujbal (for petitioner), Mrs. M.M. Deshmukh, A.P.P. (for State)
The State of Maharashtra and Ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking direction to police to register FIR on a complaint disclosing cognizable offence.
Remedy Sought
Petitioner sought direction to the police to take action on her complaint dated 26th August 2011 alleging commission of a cognizable offence.
Filing Reason
Police failed to register FIR or take any action on the petitioner's complaint despite it disclosing a cognizable offence.
Previous Decisions
No previous decisions in this case; the court relied on the Full Bench decision in Sandeep Rammilan Shukla v. State of Maharashtra.
Issues
Whether the police have a mandatory duty to register an FIR under Section 154 CrPC when information discloses a cognizable offence.
Whether a preliminary inquiry is permissible before registration of FIR and if so, its duration.
Submissions/Arguments
Petitioner argued that despite her complaint disclosing a cognizable offence, no action was taken by the police.
State's APP initially sought time for instructions but later stated that the concerned officer had not given instructions.
Ratio Decidendi
Section 154(1) CrPC is mandatory; the officer-in-charge of a police station must register an FIR when information discloses a cognizable offence. A limited preliminary inquiry is permissible only in exceptional and rare cases and must be completed within two days.
Judgment Excerpts
Subsection 1 of Section 154 uses the word 'shall'.
Full Bench held that the expression 'shall' appearing in section 154 of the said Code is mandatory and the section places an absolute duty on the part of the officerincharge of police station to record information and place substance thereof in the prescribed book, when the information supplied or brought to his notice discloses commission of a cognizable offence.
Full Bench held that such enquiry shall be completed expeditiously and in any case not later than two days.
Procedural History
The petitioner filed a complaint on 26th August 2011 with Vadgaon Nimbalkar Police Station. No action was taken. She then filed Writ Petition No.3386 of 2012 under Article 226 of the Constitution of India before the Bombay High Court. The court heard the matter and directed the police to register the FIR.
Acts & Sections
- Code of Criminal Procedure, 1973: 154
- Constitution of India: 226
