Police Preliminary Inquiry Report

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Police Preliminary Enquiry and lodging of
First Information Record

Abstract:
Whenever a crime is done, lodging of FIR and preliminary inquiry into the case acts as one of the most important evidence. This Research paper throws light upon the case of Lalitha Kumari v.Government of Uttar Pradesh to refer the laws that govern the action for preliminary enquiry by the police and conclude the effects that a FIR can have upon the accused, who can lodge and FIR, its nature etc.

Introduction:

With realization of human rights by individuals,now-a-days ,Justice has become as important as food, air and water. From the same background comes the major issue of Police Preliminary Enquiry and lodging of First Information Report. Preliminary Enquiry refers
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Sec. 2 of Cr.P.C refers to the following :
(a) Investigation
(b) Enquiry
(c) Trial
As such there is no reference to preliminary enquiry.A reference to “preliminary enquiry” is made in some departmental manuals such as CBI (crime) manual. The reason why the writer wants to throw light upon Lalitha Kumari’s case is because it has been a landmark judgement which gave following conclusions:
2.i) Registration of FIR becomes important when the offence is cognizable and no preliminary enquiry is possible in the matter (Sec. 154 or Cr.P.C) ii) 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 cognizable offence is disclosed or not. iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding
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If any information disclosing a cognizable offence is laid before an officer – in – charge of a police station satisfying the requirements of section 154(1) the said police officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information. Where an FIR relating to a cognizable offence is filed, the officer in-charge of the police station is bound to register the same, he cannot refuse to register the FIR because there has been some inquiry. The provision of section 154 of the code is mandatory and the concerned officer is duty bound to register the case on the basis of an information disclosing cognizable offence, the police officer is bound to register it as FIR, he cannot refuse to register merely because the police officials have conducted the preliminary enquiry earlier and no substance was found in the complaint. The non- registration of FIR by the police officer is dereliction of statutory duty enjoined upon him. Where an information regarding cognizable offence is received and record the same and to act as per provision of section 154(1) he has no discretion in the matter. When information about cognizable offence is received, the police official is duty bound to record at as FIR under section 154 and then to hold investigation

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