Case Note & Summary
The petitioner, Vittal, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench, seeking a writ of mandamus directing the respondent, the PSI of Babaleshwar Police Station, to register an FIR based on his complaint dated 18.11.2022. The complaint alleged that certain persons assaulted the petitioner's daughter-in-law, took her cell phone, abused her, and threatened her with death. The petitioner contended that despite the complaint disclosing cognizable offences under the Indian Penal Code, the police failed to register an FIR or take any action. The court examined the complaint and found that the allegations indeed constituted cognizable offences. Relying on the Supreme Court's decision in Lalitha Kumari v. State of U.P., the court held that the police have a mandatory duty under Section 154 of the Code of Criminal Procedure, 1973 to register an FIR when a complaint discloses a cognizable offence. The court allowed the petition and directed the respondent police to register an FIR based on the complaint and proceed with the investigation in accordance with law. The judgment was delivered by Justice Suraj Govindaraj on 20 July 2023.
Headnote
A) Criminal Procedure Code - Registration of FIR - Cognizable Offence - Section 154 CrPC - Police duty to register FIR when complaint discloses cognizable offence - Petitioner's complaint dated 18.11.2022 alleged assault, theft of cell phone, abuse and death threats against his daughter-in-law, constituting cognizable offences under IPC - Police failed to register FIR - Court held that police are bound to register FIR under Section 154 CrPC if the complaint discloses a cognizable offence, following Lalitha Kumari v. State of U.P. - Direction issued to register FIR and investigate (Paras 1-4).
Issue of Consideration
Whether the police can refuse to register an FIR when the complaint discloses a cognizable offence
Final Decision
The writ petition is allowed. The respondent police are directed to register an FIR based on the complaint dated 18.11.2022 and proceed with investigation in accordance with law.
Law Points
- Duty of police to register FIR for cognizable offences
- Mandamus for non-registration of FIR
- Lalitha Kumari v. State of U.P. principle
