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SurYansh Mishra   12 June 2017

Investigation Before FIR Supreme Court Order Case no.

The Supreme Court has recently passed a judgment that except in the case of very serious crimes like rape, murder, house breaking, robbery etc, a preliminary enquiry has to be done before registration of an FIR. Citations please?


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 1 Replies

Raveena Kataria (Advocate )     06 July 2017

Can you please enlighten me as to what judgement SC ruled that in? In the landmark case Lily Thomas V UoI, the Supreme Court ruled that registration of FIRs is compulsory by the police upon receiving complaints. Though it was contested that such a thing could lead to arbitrary arrest (since people could also file false complaints,) thus the police should first hold preliminary inquiry before filing of the FIR.

The Supreme Court, however, contended that there's a difference between mere registration of FIR v having the accused arrested, and clarified that the former doesn't amount to the latter. It even stated that legal action shall be instituted against an officer who refuses to register an FIR.   

 


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