Lalita Kumari v. State of UP

Facts

• Lalita Kumari's minor daughter was kidnapped.
• The local police station refused to register an FIR.
• A writ petition was filed before the Allahabad High Court, which was subsequently referred to the Supreme Court.
• The question was referred to a Constitution Bench due to conflicting High Court decisions.

Issues

1. Whether registration of FIR is mandatory upon receiving information of a cognizable offence.
2. Whether police have any discretion to conduct preliminary inquiry before registration.

Held

• FIR registration is mandatory when information received discloses commission of a cognizable offence. The word "shall" in S.154(1) CrPC (now S.173 BNSS) leaves no discretion.
• Preliminary inquiry (maximum 7 days) is permissible only in cases where information does not clearly disclose a cognizable offence, such as: matrimonial disputes, commercial offences, medical negligence, and corruption cases.
• Non-registration of FIR is itself an offence under S.166A CrPC.
• All information must be recorded, even if preliminary inquiry is conducted.
• The Constitution Bench laid down clear categories where preliminary inquiry may or may not precede registration.

Ratio Decidendi

The mandate of S.154 CrPC (now S.173 BNSS) is unambiguous: if information discloses a cognizable offence, FIR shall be registered. Police have no authority to refuse registration based on their assessment of the merits. Preliminary inquiry is a narrow exception, not the rule, limited to cases where the nature of information itself is unclear.