In case of cognizable offence, F.I.R. can directly be instituted without resorting to preliminary enquiry

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 FIR need not be registered immediately and 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 mentions 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. Preliminary enquiry report and found prima facie therefrom that allegation is in nature of the cognizable offence. In a cognizable offence, F.I.R. can directly be instituted without resorting to a preliminary enquiry.

At the stage of registration of FIR, what is to be seen is 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.

Appearing counsel/s : Mr. Anil Kumar Sinha, Mr. Krishna Murari, Mr. Pushkar Narain Shahi, Mr. Harsh Preet Singh, Mr. Rajiv Ranjan, Mr. Sachin Kumar, Mrs. Neelam Tiwary, Mr. T.N.Verma, Spl. P.P.

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