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High Court Pulls Up Police Over FIR Registration Delays
Court Says FIR Registration Mandatory Under Law, No Scope for Discretion
The High Court emphasised that Section 154 of the Criminal Procedure Code (CrPC) makes it mandatory for police to register an FIR upon receiving information about a cognisable offence.
“The police, once having received information disclosing commission of a cognisable offence, is duty bound to register the FIR and thereafter begin investigation—not prior to that,” the Bench said.
Referring to several applications filed by members of the Bar Association, the court noted multiple instances where FIRs were not registered despite clear allegations of cognisable offences.
The Bench strongly criticised the practice of conducting preliminary inquiries before registering FIRs, remarking that the police appeared to be “placing the cart before the horse.”
In one instance, the court expressed shock that police filed a closure report without first registering an FIR, calling the action “beyond comprehension, beyond legal comprehension.”
High Court Seeks Accountability, Cites Supreme Court Judgment
The Bench reiterated that the law on mandatory FIR registration had already been settled by the Constitution Bench of the Supreme Court of India in the landmark Lalita Kumari vs Government of Uttar Pradesh case.
The Supreme Court had ruled that FIR registration is compulsory when information discloses a cognisable offence, with only limited exceptions allowing preliminary inquiry.
In its operative order, the High Court directed the DGPs of Punjab and Haryana, along with the competent authority of Chandigarh Police, to submit affidavits explaining why FIRs were not registered in such cases and detailing disciplinary action taken against responsible officials. The matter has been listed for further hearing after two weeks, with the court signalling strict scrutiny of police functioning and accountability in ensuring compliance with criminal procedure laws.
