Case Comment: Lalita Kumari V. Government Of U.P. (2014) 2 SCC 1
- IJLLR Journal
- Jul 17, 2023
- 1 min read
Chaitanya Tendulkar, BBA LLB, Symbiosis Law School Nagpur
The bench in Lalita Kumari v Government of Uttar Pradesh consisted of five judges of the and S.A. Bobde.
Introduction
Lalita Kumari v Government of Uttar Pradesh is a landmark case in Indian jurisprudence that dealt with the issue of when the police are required to register a First Information Report (FIR). The case has far-reaching implications for the rights of victims of crime and the accountability of law enforcement agencies. The case arose from an incident in which the petitioner, Lalita Kumari, alleged that she had been abducted and raped by four men. She went to the police station to register a complaint, but the police refused to register an FIR, claiming that it was a non-cognizable offence. The petitioner then approached the Chief Judicial Magistrate, who ordered the police to register the FIR.
The present situation can be analysed as: Whether or not about the commission of a cognizable offence?
The court examined the provisions of the Criminal Procedure Code and held that under Section 154 of the Code, the police are duty-bound to register an FIR if they receive information about the commission of a cognizable offence. The court also held that if the police refuse to register an FIR, the aggrieved person can approach a magistrate, who can order the police to register the FIR. The court emphasized that the right to register an FIR is a fundamental right of the citizen, and the police cannot deny this right on the ground that the offence is non-cognizable.
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