⚖️ Mandatory Registration of FIR where Cognizable Offences are Disclosed

Topic:

• Mandatory registration of FIR where the information discloses commission of a cognizable offence

Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS(J) and other Judicial Services throughout India a short Note on mandatory registration of FIR where the information discloses commission of a cognizable offence.

📌 The Two Most Recent Supreme Court Judgments

• Vinod Kumar Pandey v. Seesh Ram Saini [2025 INSC 1095] – delivered September 10, 2025
• Pradeep Nirankarnath Sharma v. State of Gujarat [2025 INSC 350] – delivered March 17, 2025

📝 Vinod Kumar Pandey v. Seesh Ram Saini

Supreme Court of India
September 10, 2025

27. In Pradeep Nirankarnath Sharma v. State of Gujarat this Court, in a very recent judgment held, that where the allegations pertain to the abuse of official position and corrupt practices while holding public office, such actions fall squarely within category of cognizable offences and therefore, they are to be inquired into, and holding of any preliminary inquiry before the registration of the FIR is not necessary. If the information provided to the police or the preliminary report discloses a commission of a cognizable offence, the police is duty bound under Section 154 Cr.P.C. to register an FIR without any delay.

31. In a recent landmark decision, Anurag Bhatnagar v. State (NCT of Delhi) this Court held that although the complainant approached the Court, in that case the Magistrate, without exhausting the alternative remedies available, it was a mere procedural irregularity and not illegality, as the Court was competent to order registration of the FIR. It was further observed that when information disclosing commission of cognizable offence is conveyed to the police, they cannot refuse to register the FIR.

32. Since, it is the duty of the police to register an FIR if a prima facie cognizable offence is made out, the police is not required to go into the genuineness and credibility of the said information. It has been so laid down very clearly in Ramesh Kumari that the genuineness or credibility of the information is not the condition precedent for registration of an FIR.

35. The registration of the FIR against the two officers is not likely to cause any prejudice to them. They will have the right to participate in the investigation to establish that they have not committed any offence, as alleged. Thereupon, the I.O. on consideration of the material collected during investigation, may submit a closure report or file the charge sheet. In the event, a closure report is filed and accepted by the Magistrate, the appellants will have no grievance. On the other hand, in the event, a charge sheet is submitted, the appellants will have an opportunity to assail the same before the appropriate forum.

37….It would be dichotomy of justice if such an offence is allowed to go uninvestigated particularly when there is involvement of the officers on deputation to CBI. It is cardinal in law that justice must not only be done, but must also be seen to be done. It is high time that sometimes those who investigate must also be investigated to keep alive the faith of the public at large in the system.

40. Secondly, in view of the law laid down in Lalita Kumari vs. Government of Uttar Pradesh, and reiterated thereafter to the effect that registration of FIR is mandatory under Section 154 Cr.P.C. if the information discloses commission of a cognizable offence and no preliminary inquiry before FIR is permissible in such a situation; however, if the information received does not disclose a cognizable offence but indicates necessity of an inquiry being conducted, a preliminary inquiry may be conducted only to ascertain facts disclosing cognizable offence, if any.

📝 Pradeep Nirankarnath Sharma v. State of Gujarat

Supreme Court of India
March 17, 2025

11. ….The legal position regarding the registration of FIRs in cases of cognizable offences is well settled. This Court, in Lalita Kumari has categorically held that the registration of an FIR is mandatory under Section 154 CrPC if the information discloses the commission of a cognizable offence.

“114. It is true that a delicate balance has to be maintained between the interest of the society and protecting the liberty of an individual. As already discussed above, there are already sufficient safeguards provided in the Code which duly protect the liberty of an individual in case of registration of false FIR. At the same time, Section 154 was drafted keeping in mind the interest of the victim and the society. Therefore, we are of the cogent view that mandatory registration of FIRs under Section 154 of the Code will not be in contravention of Article 21 of the Constitution as purported by various counsel.

Exceptions
115. Although, we, in unequivocal terms, hold that Section 154 of the Code postulates the mandatory registration of FIRs on receipt of all cognizable offences, yet, there may be instances where preliminary inquiry may be required owing to the change in genesis and novelty of crimes with the passage of time. One such instance is in the case of allegations relating to medical negligence on the part of doctors. It will be unfair and inequitable to prosecute a medical professional only on the basis of the allegations in the complaint.

… Conclusion/Directions
120. In view of the aforesaid discussion, we hold:
120.1. The registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

120.2. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

120.3. If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.

12. The scope of a preliminary inquiry, as clarified in the said judgment, is limited to situations where the information received does not prima facie disclose a cognizable offence but requires verification. However, in cases where the information clearly discloses a cognizable offence, the police have no discretion to conduct a preliminary inquiry before registering an FIR.

13. In the present case, the allegations against the appellant pertain to the abuse of official position and corrupt practices while holding public office. Such allegations fall squarely within the category of cognizable offences, and there exists no legal requirement for a preliminary inquiry before the registration of an FIR in such cases.

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