HC: In a cognizable offence registering FIR is must, however it does not imply arrest of the accused [Read Order] 

The Court recently held that when the cognizable offence is committed, in that case the registration of the FIR by the Police officer is mandatory and cannot be left at the discretion of the Police officer. This set proposition of law was laid down in the case of Lalita Kumar v. Government of Uttar Pradesh. Thus, relying on the same precedent, the Court reinstated:

“Registration of the FIR is mandatory under Section 154Cr.P.C. if the information discloses commission of a cognizable offence. No preliminary enquiry is permitted in such a situation”

Case of the Petitioner

The Court pronounced the same while hearing a plea filed by the Petitioner Hitesh Bhardwaj stating that there was no registration of FIR in pursuance to his complaint alleging his brother as a suspect behind his mother’s death. The petitioner alleged that his brother is behind the sudden demise of his mother despite of the fact that the reason behind the same was cardiac arrest.

Notably, his brother Nitesh Bhardwaj had earlier been named as an accused in the death of his father in 2013. There was property feud between the two brothers. However after preliminary enquiry of 4 years there was no evidence to show that the death was unnatural, thus Police refused to register the FIR which made the Petitioner to approach the High Court praying for the registration of an FIR to launch investigation.

Observation of the Court

Failure to register FIR is contrary to set position of law that was laid in the case of Lalita Kumar v. State of UP. The Court stated that credibility of the information could be adjudged only post investigation.

Court further observed that preliminary enquiry in the case of murder is not permissible, it is only entertained in those kinds of cases wherein there is some delay or deferment seen in filing of the complaint. In such a case there has to be preliminary enquiry that needs to be conducted and completed within 7 days and the inquiring officer needs to mention the cause of delay in the General Diary.

In the words of the Court: 

“Non –registration of criminal case leads to dilution of rules of law and lead to definite lawlessness which is detrimental to the society as a whole”.

However the Court did not stated the arrest as an implied outcome of the FIR. The Court held: 

“The arrest of the accused is not automatic on registration of an FIR. The arrest cannot be made in a routine manner on a mere allegation of commission of an offence. The arrest of a person and the registration of the FIR are not directly linked as both have two concepts, operating under different parameters. Misuse of aforesaid concept would result in action against the Police Officer under Section 166 IPC.”

Case Details:

Before: Punjab and Haryana High Court

Case Title: Hitesh Bhardwaj v. State of Punjab

Bench: Hon’ble Mr. Justice Raj Mohan Sing

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