SUPREME COURT & HIGHCOURT Rulings on POLICE

Facts
Held
1.2 : F.I.R. AND REGISTRATION OF F.I.R.
Kuldip Singh vs State*
In the instant case the petitioner was confined in Jail as an undertrial. The information
laid by the petitioner before High Court made an accusation against the Jail Officials
that they gave severe beating to him and thus they committed various cognizable
offences. The petitioner did received injuries. The nature of those injuries and whether
the same were inflicted in the manner alleged by the petitioner or were sustained as
suggested by the Police is a matter which is still to be investigated under the Code of
Criminal Procedure after registration of the case. It is not the case of the authorities that
any investigation or even enquiry was conducted by the Police or any intimation was
sent to the petitioner. A Judicial Officer appointed under the directions of High Court has
found prima facie substance in the allegations of the petitioner. Thus in some
appropriate proceedings it will have to be examined as to how undertrial petitioner
received injuries while in jail custody. Therefore High Court directed that FIR be
registered and the investigation be conducted expeditiously in accordance with law by
the Crime Branch of Police.
On information being laid before the Police about the commission of a cognizable
offence the Police has no option but to register the case and then to proceed with
investigation of the case under the provisions of Chapter XII of the Code. The Police
can also decide not be investigate in terms contemplated by Section 157 (1) of the
Code. The Police has no right to refuse registration of a case on information being laid
before it about commission of cognizable offence and instead proceed with an enquiry
and refuse registration as a result of the said enquiry. If it is left to be determined by the
Police to decide in which cases of disclosure or commission of cognizable offence it
would first hold preliminary enquiry and then decide to register or not to register the
case; it would also lead to delay in registration of the crime and in the meantime the
material evidence may not be available. The conduct, of enquiry itself may entail a long
period. There may be then challenge to the said enquiry.
The conferment of absolute and uncanalised discretion to the Police to register a
cognizable offence or not, would be violative of equality clause enshrined in our
Constitution. The Code vests power in Judiciary to control the discretion of the Police.
*1994 CrLJ.2502 (Delhi)