The Superme Court today held that the registration of FIR for a cognisable offence, is a must and action must be taken against police officials for not lodging a case in such offences. A five-Judge Constitution Bench, headed by Chief Justice P. Sathasivam, said that registration of FIR is mandatory and no preliminary inquiry is permissible in cognisable offences.
The Bench said that police officials cannot avoid to register the FIR and action must be taken against them if no FIR is registered. It said that preliminary inquiry can be conducted in other cases to find out whether the offence is cognisable or not, and such probe must be completed within seven days. The Bench said, there is no ambiguity in the law and the legislative intent is for compulsory registration of FIR in cognisable offences.
The Constitution Bench delivered the verdict after a three-Judge Bench referred the case to the larger Bench on the ground that there were conflicting judgements on the issue.