`Constitution bench to decide on FIR registration`
New Delhi: The Supreme Court has referred to
a Constitution bench to decide a crucial legal question if it is mandatory for a police officer to register an FIR on receipt of a complaint of commission of a cognisable offence
or a preliminary probe was required prior to its registration.
A three-judge bench of justices Dalveer Bhandari, T S
Thakur and Dipak Mishra said the issue needed to be settled by
a Constitution bench in view of the fact that that there were
"divergent" judgements by the apex court over the years.
The bench said while in some cases the apex court had
ruled that registration of an FIR was mandatory, in several
other cases, it was held that the police officer had the
discretion in registering an FIR as he can conduct a
preliminary inquiry on the veracity of the complaint.
"In view of the divergent opinions in a large number of
cases decided by this Court, it has become extremely important
to have a clear enunciation of law and adjudication by a
larger bench of this court for the benefit of all concerned ?
the courts, the investigating agencies and the citizens.
Consequently, we request the Chief Justice to refer these
matters to a Constitution Bench of at least five judges of
this Court for an authoritative judgement," said Justice
Bhandari, writing the judgement.
The apex court made the reference while dealing with a
habeas corpus petition filed by the father of a six-year-old
girl who was allegedly kidnapped by miscreants in UP`s
Ghaziabad district on May 5, 2008, but the police allegedly
demanded money for registration of an FIR.
More from India
More from World
More from Sports
More from Entertaiment
- Zee Media exclusive chat with 'Welcome to Karachi' cast
- Reservation issue: Police register case against Bainsla, 20 others
- Zee Media exclusive interview with Haryana CM Manohar Lal Khattar
- UP Minister allegedly threatens, abuses Gonda businessman
- Manali: Heavy corruption found in environmental taxes
- Five unmanned parachutes spotted over Mumbai airport
- UP: Jammu-bound Muri Express derails in Kaushambi
- Aapke Sitare: Astro prediction for May 24, 2015
- Watch: Fast N Facts @ 7:30pm
- One year of Modi govt: How satisfied is the common man?
- Jaipur girl Mini Rajpal wins Miss India Deaf 2015!
- Mumbai architecture creates double decker bus from scrap!
- Dawood's intercepted phone calls prove yet again he is in Pakistan
- One year of Modi govt: How satisfied is the common man? Part-2
- CBSE Board Class 12th Exam Results 2015 declared
- IPL 2015 Final: MI vs CSK - As it happened...
- Heatwave continues in North India; death toll in Andhra Pradesh, Telangana more than 400
- IPL 2015 final: Mumbai Indians thrash Chennai Super Kings by 41 runs to lift second title
- Heatwave claims over 550 lives so far, Delhi saw hottest day
- Check cbseresults.nic.in for CBSE Class 12 result 2015
- Kejriwal completes 100 days in office, AAP says centre 'shadow boxing' over row with LG
- Online filing of applications for UPSC civil services exam begins
- Mathura rally: PM Modi slams 'corrupt' UPA regime, lauds NDA govt's efforts in past one year
- Not just today, Muslims feeling alienated since 1947: Najma Heptulla
- CBSE Class 12 results out: Here's how you can check
- Pakistan criticizes Defence Minister Parrikar's terrorism remarks