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In a Cognizable Offence, Registering FIR is a Must; however it Does Not Imply Arrest of the Accused: Punjab & Haryana HC [READ ORDER]

In a Cognizable Offence, Registering FIR is a Must; however it Does Not Imply Arrest of the Accused : Punjab & Haryana HC [READ ORDER]
A complaint was filed by Hitesh Bhardwaj against his brother. Hitesh had approached the police upon suspicion that his brother Nitesh Bhardwaj killed their mother.

Her death was being attributed to cardiac arrest.

He further alleged that Akal Hospital is a very small nursing home and instead of taking their mother to big hospital, his brother took her to a small nursing home and she had no past medical history of any heart disease.

Nitesh Bhardwaj had also been named as an accused in the death of their father in 2013.

After a preliminary inquiry revealed no cause to suspect unnatural death the Police refused to register the offence.

Due to which Hitesh Bhardwaj approached Punjab and Haryana High Court.

Abhinav Sood was his counsel. 

He contended that failure to file an FIR violates the principle propounded in Lalita Kumari vs. Govt. of U.P where it was held that “Registration of an FIR is a must in cases of cognizable offences even without a preliminary inquiry”.

In case of Abhay Nath Dubey vs. the State of Delhi, Ld it was held that the Police cannot embark upon a full-scale inquiry into the complaint without registration of FIR. 

In Bhajan Lal vs. the State of Haryana, the Court has stated that at the stage of registration of a cognizable offence the Police Officer cannot embark upon an inquiry. 

In the above case, the courtstated that at the stage of registration of a cognizable offence the Police Officer cannot embark upon an inquiry whether the information laid before him by the informant is reliable or genuine and to refuse registration of a case on that ground.

A single bench of Justice Raj Mohan Singh emphasized the principle of law that that the registration of an FIR is mandatory under section 154 of CrPC if the information discloses a cognizable offence.

The Court further clarified that if no case is made out after investigation, it would be the prerogative of the Police to file for the cancellation of the FIR.

 

[READ ORDER]


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