Lalita Kumari Vs State of U.P (2018 SC)
Bench: P Sathasivam, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi, S.A. Bobde ,JJ
Judgement announced by P.Sathasivam , CJI
The case of Lalita Kumari v. Govt. of U.P. is a landmark judgment by the Supreme Court of India regarding the registration of First Information Reports (FIRs) under Section 154 of the Code of Criminal Procedure (CrPC).
The Court held that the police must register an FIR if the information discloses a cognizable offence, which is an offence where the police can arrest without a warrant. It is not necessary for the informant to provide evidence or prove the offence, but only to provide information that leads to a reasonable suspicion of the commission of a cognizable offence.
The Court further held that if the information does not disclose a cognizable offence but discloses only a non-cognizable offence, then the police must enter the information in the general diary and provide a copy of the entry to the informant.
The Court also laid down certain guidelines for the police in the registration of FIRs, which include recording the information in writing, giving a copy of the FIR to the informant, and conducting a preliminary inquiry to ensure that the information discloses a cognizable offence before taking any action. The guidelines also require the police to inform the informant about his right to approach the Superintendent of Police if the police refuse to register the FIR.
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