The Hon’ble Apex Court of India has recently in the case of Lalita Kumari Vs Govt. of U.P reported in (W.P.(Crl)No. 68/2008) has made it mandatory for a police officer to register the First Information Report (FIR) in all the cognizable offences. In case the concerned police officer fails to do so then an action will be taken against him.
Before the said judgment was passed, there was a dilemma on the issue as to whether a police officer has to conduct some preliminary enquiry before registering the FIR or is he bound to register a First Information Report (FIR) in case of cognizable offences. Settling down the issue, the Hon’ble Supreme Court has categorically held that under Section 154 of the Criminal procedure Code, the registration of FIR is mandatory except in some type of cases like matrimonial disputes, etc.