Lalita Kumari Vs. Government of U.P.
The Code of Criminal Procedure, 1973 - Section 154
Registration of case in a cognizable offence - Held - (i) There are two sets of cases decided by Supreme Court expressing totally divergent views - In one set of cases it was held that if a complaint alleging commission of cognizable offence is received in the Police Station, then the S.H.O. has no option but to register an F.I.R. under Section 154 Criminal Procedure Code . (ii) In the other set of cases it has been held that before registering the FIR under Section 154 of Criminal Procedure Code, it is open to the SHO to hold a preliminary enquiry to ascertain whether there is a prima facie case of commission of cognizable offence or not. 1970(1) SCC 595 : 1981 (Suppl.) SCC 43 relied. (iii) Matter referred to Constitution Bench to have a clear enunciation of law.