The Hyderabad High Court clarified that police cannot show any hesitation to register FIR on a cognizable offence. The Court also issued direction to DGPs of State of Andhra Pradesh and State of Telengana to direct the police officers of the state to implement the judicial verdict in its true spirit without reluctance. Justice Sanjay Kumar said that FIR should be registered in all complaints irrespective of the fact whether they are cognizable or non cognizable offences. The Court was dealing with the petition filed by V Mahendra along with three others who questioned the non registering of FIRs by the police.
The Court further said that according to the judicial verdict in Lalita Kumari v. Government of Uttar Pradesh rendered by the Apex Court, registration of FIR is compulsory as per the provisions of Section 154 Criminal Procedure Code. It is mandatory if the information reveals the commission of an offence which is cognizable and preliminary inquiry with regard to such offence is possible in that situation. The Court also held that where the information does not reveal the commission of a cognizable offence but states that an inquiry is essential, the police officer can conduct a preliminary inquiry to find out whether such offence was committed. The preliminary inquiry shall be conducted within 7 days and the police officers have the obligation to follow the procedures provided under Section 155 of Cr PC, the court added.
Further it was stated that a police officer cannot refrain from his duties especially in registering FIR where an offence of cognizable nature is committed. The Court also reminded the Government regarding the Supreme Court verdict where it was held that strict action shall be initiated against the officers committing errors and who fail to register FIR even after getting information regarding the commission of a cognizable offence.