Essay On Preliminary Enquiry

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 to the initial enquiry done “to determine whether there is sufficient evidence to

State ,the mere fact that the FIR was scribed by another person and signed by the victim as grievously injured, he was admitted in the hospital and having treatment as in- patient, would not lead the court to hold that the informant had not lodged FIR.

Effects Of FIR:

14.The registration of FIR leads to very serious consequences to the accused namely:

(a) loss of reputation

(b) impairment of his liberty

(c) mental anguish and stigma attached to arrest and subsequent investigation and trial.

15.Thus, there is a good reason to assume that the legislature might not have thought that the FIR would lead to such drastic consequences when the expression “shall” was used in sec.154 (1) of Cr.P.C which says about the lodging of FIR as mandatory.

Conclusion:

16.Thus, it can be concluded that lodging of FIR and police preliminary enquiry are the basics of trial and proper care and vigilance must be observed from the initial level itself to reduce discrepancies at the basic level of suit and trial. Leelawathi’s case had created a landmark in this regard and thus has become a statute in the Indian