Men Rights India

Fight against Legal Terrorism

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » Uncategorized » SC judgment mandates registration of FIR for ex-facie cognizable offence, else preliminary inquiry to ascertain if cognizable offence – Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013

SC judgment mandates registration of FIR for ex-facie cognizable offence, else preliminary inquiry to ascertain if cognizable offence – Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013

27 May 2018 By videv 2 Comments

Following Supreme Court judgment settles the point and removes confusion about what powers does police have in terms of deciding when or when not to register an FIR when a complaint is made to police station (PS).  Generally it is seen that if a woman approaches police, an FIR is registered without much trouble (subject to first procedure CAW/so called counselling and now family welfare committee provision in limbo), no matter how weak or incredulous the evidences may appear when the police actually gets to investigation state.  So information in this article can be utilized by husbands who need to approach police in case of assault, threats, or other criminal complaints against wife/in-laws.  That’s where knowledge of law is needed since one’s gender is not the politically-correct one.

πŸ‘‰(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act πŸ‘ˆ
Contents hide
1 Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
1.1 Section 154 – Information in cognizable cases

Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013

Above judgment is the authoritative direction to police by SC on process and steps needed to be followed before registering an FIR, and also the guidelines on what is to be recorded in general diary of PS etc, whether or not if an FIR is registered, and whether or not if a preliminary inquiry is conducted.

The judgment clarifies Section 154 of CrPC the bare act of which is given below:

Section 154 – Information in cognizable cases

1. Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

… skipped provisions on certain crimes against women etc…

2. A copy of the information as recorded under Sub-Section (1) shall be given forthwith, free of cost, to the informant.

3. Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in Sub-Section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”-

Operative part of above judgment which clarifies powers and duties of police under Sec 154(1) :

β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”-

110) Therefore, in view of various counter claims regarding registration or non-registration, what is necessary is only that the information given to the police must disclose the commission of a cognizable offence. In such a situation, registration of an FIR is mandatory. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and perhaps the police can conduct a sort of preliminary verification or inquiry for the limited purpose of ascertaining as to whether a cognizable offence has been committed. But, if the information given clearly mentions the commission of a cognizable offence, there is no other option but to register an FIR forthwith. Other considerations are not relevant at the stage of registration of FIR, such as, whether the information is falsely given, whether the information is genuine, whether the information is credible etc. These are the issues that have to be verified during the investigation of the FIR. At the stage of registration of FIR, what is to be seen is merely whether the information given ex facie discloses the commission of a cognizable offence. If, after investigation, the information given is found to be false, there is always an option to prosecute the complainant for filing a false FIR.

READ:  I want divorce from wife, please help me!!!

Conclusion/Directions:

111) In view of the aforesaid discussion, we hold:

i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.

iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.

v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.

vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under:

a) Matrimonial disputes/ family disputes

b) Commercial offences

c) Medical negligence cases

d) Corruption cases

e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay.

The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.

vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry.

viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.

112) With the above directions, we dispose of the reference made to us. List all the matters before the appropriate Bench for disposal on merits.

β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”-

What above means is that for matrimony related cases, there is likelihood of a preliminary inquiry being conducted if ex-facie (on its face) a cognizable offence is not clear.  Note that preliminary inquiry is a relatively limited procedure and is not the same as investigation which is done after registration of FIR.

This information on right legal process can be useful to husbands who need to approach police in case of assault, threats, or other criminal complaints against wife/in-laws.  It can also be used by those facing false rape/false molestation cases in case they have evidence of extortion/threats from other side, for which complaint to police can be made for registration of FIR.

Questions about this Article?

Ask in Telegram Group Men Rights India Q&A  (Also include link to this Article when you post question)

πŸ‘‰Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony

Related Posts

  1. Applicability of section 340 of CrPC, and 194 of IPC etc
  2. Discharge under CrPC 239

Filed Under: Uncategorized Tagged With: CrPC

Comments

  1. Harish says

    June 18, 2018 at 9:09 am

    I am married since 19 years and have a 14 years old son. My wife has slipped into bad company and harassing me for alimony and divorce. She has jeopardised my son’s future by robbing all my investments from the bank locker. She is trying to make me finacially handicap. It all started few years after we started our nuclear family in 2013. I am maintaining my son’s education in an international school and tuittion expenses alone against all odds. The main problem is while buying the flat I had added my wife’s name also in the flat and now she is manipulating the law by filing fake NC and FIR to harass me to sell the flat so that legally she gets 50% of the amount at time of sale. She has robbed the original flat documents also from my custody. She throws away all of my belongings like my toiletries, shoes, clothes, spiritual books from drying lines, watch, spectacles, medicines, etc. to harass me.
    I need urgent help , she has filed Domestic Violence case in Andheri Magistrate Court also. I am not rich and don’t have a strong income and in fact jobless and at home since January 2018 finding a job. My wife has her own flat in Andheri West itself which she has put up on rent at 35,000/- per month and also runs her own baking business from outdoors. My number is 9xxxxxxxx and email I’d is xxxxxxxx@gmail.com

    Reply
    • videv says

      June 23, 2018 at 7:31 pm

      >>I am not rich and don’t have a strong income and in fact jobless

      In that case, you should be able to put good defence at least given time at your hands.

      >>My wife has her own flat in Andheri West itself which she has put up on rent at 35,000/- per month and also runs her own baking business from outdoors.

      These can minimize or reduce to zero her maintenance, and for child you can offer to court to share expenses in proportion to incomes of you and wife.

      >>filing fake NC and FIR to harass me to sell the flat so that legally she gets 50% of the amount at time of sale. She has robbed the original flat documents also from my custody.

      You could try filing suit for declaration of yourself as the sole owner of property (I’m assuming you paid the full or most of the funds), and that will bring her dreams of 50% share to an end.

      Courts normally don’t look at any man who can physically stand on his two feet as “jobless” or helpless. That privilege is for females only.

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines:

πŸ‘‰Kannada/ Hindi/ English: Call Sharath +919738010456
πŸ‘‰Free guidance (10-15 min)
πŸ‘‰Paid Guidance (For 30 min or more), click to pay

Join our WhatsApp/Facebook groups

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India


Take Quizzes to test your legal knowledge!

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


πŸ‘‰(Read Online eBook)πŸ‘ˆ
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Contribute via UPI: videv@upi / videv@icici / videv@paytm

Today’s Popular Posts

  • How to fight false cases of DV, maintenance, CrPC…
  • How to file objections/written statement to…
  • Basic Cross-examination techniques in matrimonial…
  • Procedure of CAW (Crime against women) cell,…
  • Section 41, 41A, 41B of CrPC which govern arrest by…
  • Why Indian men should be very careful in filing divorce
  • Contact
  • How to Fight and Reduce Maintenance under CrPC 125…
  • How to complain against judges of trial courts, High…
  • Advice to women on IPC 498a, DV case, maintenance,…

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Gender neutral sexual harassment bill is welcome step

23 Mar 2010 By videv 5 Comments

Email ids of governors of Indian states

5 Mar 2010 By videv 3 Comments

Mailing addresses of PM, law minister, finance minister, VHP, RSS etc

23 Feb 2015 By videv 2 Comments

Man seeks maintenance from live-in partner

14 Jul 2010 By videv 2 Comments

Various HC approve Child Access & Custody Guidelines along with Parenting Plan

25 Jan 2016 By videv 28 Comments

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • videv on Advice to women on IPC 498a, DV case, maintenance, divorce etc.
  • Ankur on Mumbai Bandra Family court judgment on joint equally shared custody based on parenting plan
  • Khushi on Advice to women on IPC 498a, DV case, maintenance, divorce etc.
  • videv on Yodha Strategies and Techniques – YS101 course
  • videv on How to handle allegation of impotence by wife

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts