Lalita Kumari v. Government of Uttar Pradesh & Ors. is a significant case in Indian jurisprudence that deals with the registration of First Information Reports (FIRs) by the police.
In this case, the Supreme Court of India issued guidelines on when the police must register FIRs in cases of cognizable offences. The court held that:
- Registration of FIR is mandatory if the information discloses a cognizable offence.
- A preliminary investigation may be conducted if the information received does not prima facie constitute a cognizable offence but indicates the necessity for an inquiry.
- If the information does not disclose a cognizable offense and no preliminary inquiry is required, the police can merely record the information and take necessary action.
- If a preliminary inquiry is conducted and it reveals the commission of a cognizable offense, the FIR must be registered.
This case emphasized the importance of protecting the rights of citizens and ensuring that the police do not arbitrarily refuse to register FIRs. It also laid down guidelines to strike a balance between protecting citizens’ rights and preventing misuse of the legal process.
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This article has been written by Shivani Singh, Faculty at Jyoti Judiciary.
