Implement law on FIRs: Hyderabad High Court
The preliminary inquiry should be time-bound and in any case should not exceed seven days.
Hyderabad: The Hyderabad High Court has directed the DGPs of both TS and AP to direct all police officers in both the states to implement the law laid down by the Supreme Court in letter and spirit in registration of complaints in cognizable and non-cognizable offences.
Disposing of a petition by V. Mahindra and three others challenging the police not registering their complaint, Justice P.V. Sanjay Kumar said that in view of the judgment of the Supreme Court in Lalita Kumari versus government of Uttar Pradesh case, registration of a FIR was mandatory under Section 154 Cr PC, if the information discloses commission of a cognizable offence and no preliminary inquiry was permissible in such a situation.
He said that if the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether a cognizable offence was committed or not.
The preliminary inquiry should be time-bound and in any case should not exceed seven days. The judge emphasised that the police is bound to follow the due procedure laid down in Section 155 Cr PC.
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