This case was decided by the Supreme Court of India in 2013. The primary issue addressed in this case was the obligation of the police to register an FIR when information about a cognizable offense is received.
In its judgment, the Supreme Court laid down several important guidelines, including:
- The police must register an FIR when they receive information about a cognizable offense. They cannot conduct a preliminary inquiry to determine the veracity of the information before registering the FIR.
- An FIR is essential to ensure that the investigating agency takes immediate action, preserves evidence, and initiates a proper investigation.
- In case the information received by the police does not disclose a cognizable offense but only discloses a non-cognizable offense, the police are required to provide the informant with the necessary information on how to file a complaint in the magistrate’s court.
- The police officer in charge of a police station (SHO) has a duty to register an FIR, and refusal to do so can result in disciplinary action.
The Lalita Kumari case significantly reaffirmed the importance of registering FIRs promptly and without preliminary inquiries. This decision was seen as a step to ensure that the police take immediate action in cases of cognizable offenses and not delay or deter the registration of complaints. It emphasized the need to protect the rights of citizens and ensure the proper functioning of the criminal justice system in India.