38.6c New Delhi, India, Thursday, October 09, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Preliminary inquiry not required before lodging FIR in cognisable offences: SC [Read Judgment]

By Harshvardhan Sharma      20 March, 2025 04:01 PM      0 Comments
Preliminary inquiry not required before lodging FIR in cognisable offences SC

NEW DELHI: The Supreme Court has said the registration of an FIR is mandatory under Section 154 CrPC if the information discloses the commission of a cognizable offence as held categorically by this court in 'Lalita Kumari Vs Government of Uttar Pradesh & Ors' (2014).

SC Rules: No Preliminary Inquiry Needed Before FIR in Cognisable Offences

A bench of Justices Vikram Nath and Prasanna B Varale clarified that the police have no discretion to conduct a preliminary inquiry before registering the FIR, if the information clearly disclosed a cognisable offence.

The court said the 2014 judgment has clarified the scope of a preliminary inquiry is limited to situations where the information received does not prima facie disclose a cognisable offence but requires verification.

"However, in cases where the information clearly discloses a cognisable offence, the police have no discretion to conduct a preliminary inquiry before registering an FIR," the bench emphasised.

Lalita Kumari Judgment Reaffirmed: Mandatory FIR Registration Explained

The court also clarified that the decision in Lalita Kumari does not create an absolute rule that a preliminary inquiry must be conducted in every case before the registration of an FIR.

"Rather, it reaffirms the settled principle that the police authorities are obligated to register an FIR when the information received prima facie discloses a cognizable offence," it said.

The bench rejected a plea by retired IAS officer Pradeep N Sharma against the Gujarat High Court's judgment of January 31, 2024, which dismissed his plea for a direction to the authorities to conduct a preliminary inquiry before registering any FIR against him for acts performed in his official capacity.

"This court cannot issue a blanket direction restraining the registration of FIRs against the appellant or mandating a preliminary inquiry in all future cases involving him. Such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach," the bench said.

The court also pointed out the High Court has rightly observed that courts cannot rewrite statutory provisions or introduce additional procedural safeguards that are not contemplated by law.  

Sharma claimed several FIRs were registered against him in connection with alleged irregularities in land allotment orders issued by him as the Collector of Kachchh District, Gujarat, between 2003 and 2006.

Questioning rejection of his plea by the High Court's judgment, he claimed his fundamental rights, particularly his right to liberty under Article 21, were being violated due to successive and arbitrary registration of criminal cases without conducting a preliminary inquiry.

Relying upon the Lalita Kumari judgment, he contend all those cases were lodged with an ulterior motive even after his superannuation in 2015 in order to harass him.

The court, however, found the allegations made against him fell squarely within the category of cognisable offences.

"There existed no legal requirement for a preliminary inquiry before the registration of an FIR in such cases," it said.    

So far as his allegation of ulterior motive was concerned, the bench said it is a matter that can be examined during the course of investigation and trial only.

The court also said he has adequate remedies under the law, including the right to seek quashing of frivolous FIRs under Section 482 CrPC, the right to apply for bail, and the right to challenge any illegal actions of the investigating authorities before the appropriate forum.

[Read Judgment]



Share this article:

About:

Advocate Harshvardhan Sharma, founder and Editor-in-Chief of LawStreet Journal, is an award-winning ...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

pmla-appellate-tribunal-orders-immediate-release-of-seized-bmw-x7-in-hemant-soren-land-scam-case
Trending Crime, Police And Law
PMLA appellate tribunal orders immediate release of seized BMW X7 in Hemant Soren land scam case [Read Order]

PMLA tribunal orders ED to release seized BMW X7 in Hemant Soren land scam case, citing lack of proof linking the luxury car to money laundering.

08 October, 2025 08:06 PM
offence-under-category-of-upholding-family-prestige-sc-orders-release-of-man-on-remission
Trending Judiciary
'Offence under category of upholding family prestige,' SC orders release of man on remission [Read Judgment]

SC orders immediate release of life convict who served 22 years for a murder committed to uphold family honour, citing Maharashtra remission guidelines.

08 October, 2025 08:19 PM

TOP STORIES

allahabad-hc-refuses-interim-protection-to-sambhal-mosque-asks-petitioners-to-approach-appellate-court
Trending Judiciary
Allahabad HC Refuses Interim Protection to Sambhal Mosque, Asks Petitioners to Approach Appellate Court [Read Order]

Allahabad High Court refused interim protection to Sambhal mosque, directing petitioners to seek remedy before the appellate court under UP Revenue Code.

06 October, 2025 04:48 PM
calling-off-marriage-after-courtship-not-a-crime-or-breach-of-promise-delhi-hc
Trending Judiciary
Calling Off Marriage After Courtship Not A Crime Or Breach Of Promise: Delhi HC [Read Order]

Delhi High Court grants bail, ruling that ending marriage plans after courtship is not a breach of promise or offence under false promise to marry.

06 October, 2025 05:03 PM
celebrating-bail-on-social-media-not-ground-for-cancellation-without-specific-threat-to-complainant-delhi-hc
Trending Judiciary
Celebrating Bail On Social Media Not Ground For Cancellation Without Specific Threat To Complainant: Delhi HC [Read Order]

Delhi HC rules that celebrating bail on social media isn’t grounds for cancellation unless a specific threat or intimidation is proven.

06 October, 2025 05:25 PM
woman-cannot-claim-maintenance-after-securing-rape-conviction-against-live-in-partner-jammu-and-kashmir-hc
Trending Judiciary
Woman Cannot Claim Maintenance After Securing Rape Conviction Against Live-In Partner: Jammu & Kashmir HC [Read Order]

J&K High Court held that a woman who secured a rape conviction against her live-in partner cannot claim maintenance under Section 125 CrPC.

06 October, 2025 06:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email