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Arrest of Accused Not Automatic on Registration of FIR: Punjab and Haryana High Court [READ ORDER]

By Twinkle Agarwal      31 October, 2020 06:12 PM      0 Comments
Arrest of Accused Not Automatic on Registration of FIR: Punjab and Haryana High Court [READ ORDER]

The single bench of the Punjab and Haryana High Court comprising of Justice Raj Mohan Singh held that registration of FIR and arrest of a person are not at all connected. One can register an FIR to inform about the commission of a serious offence but this does not mean that the police officer has the power to arrest on the basis of FIR. The officer in charge has to make an investigation into the matter and find out whether the complaint was fair and if it finds anything only then the police officer can arrest and not on the mere allegation.

If the police officer misuses the power of arrest given to him then actions can be taken against him under Section 166 of Crpc. The court while hearing a case held that no police officer can refuse to register an FIR. They are mandated by law to do so under Section 154 of Crpc and cannot deny doing so merely on the ground that investigation is needed before registration of FIR. Such preliminary inquiry is only needed in certain cases like matrimonial cases, medical negligence cases, etc. 

In the landmark case, Lalita Kumari vs Government of Uttar Pradesh where the police refused to register the FIR direction was given to register it as non-registration would hamper the rules of law.



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