Holding

Section 154 CrPC imposes a mandatory duty on the police to register an FIR for all cognizable offences disclosed in the information, and the omission of such offences is a miscarriage of justice.

Summary

The complainant filed a complaint before a Sub‑Divisional Judicial Magistrate alleging offences under Sections 147, 148, 149, 448, 452, 323 and 395 IPC. The magistrate endorsed the complaint to the police, but the SHO registered an FIR only under Sections 452, 380 and 323/34, omitting several cognizable offences, especially Section 395. The trial court and the Sessions Court accepted the limited charge‑sheet, while the High Court directed the magistrate to commence committal proceedings under Section 209 CrPC. On appeal, the Supreme Court held that Section 154 CrPC imposes a mandatory duty on police to register an FIR for every cognizable offence disclosed in the information, and that the reliability or credibility of the information is not a condition precedent. The Court declared the police’s omission a grave miscarriage of justice, affirmed the High Court’s correction, and dismissed the appeal. The Court also rejected the argument that the delay violated Article 21, noting that the police’s failure to register the FIR outweighed any speed‑justice concerns.

Issues considered

Whether the police officer is statutorily obliged under Section 154 CrPC to register an FIR for every cognizable offence disclosed in a complaint, irrespective of the information's reliability.
Whether the omission of offences disclosed in the complaint from the FIR and charge‑sheet constitutes a miscarriage of justice.
Whether the High Court’s direction to initiate committal proceedings under Section 209 CrPC is proper despite the long pendency of the case.
Whether the delay in trial infringes the accused’s right to speedy trial under Article 21 of the Constitution.

Legislation cited

Code of Criminal Procedure, 1973s. 154, s. 156, s. 157, s. 209, s. 216
Indian Penal Code, 1860s. 147, s. 148, s. 149, s. 323, s. 34, s. 380, s. 395, s. 448, s. 452

Subjects

FIRSection 154cognizable offencepolice dutymiscarriage of justicecommittal proceedingsArticle 21criminal procedurecharge framinginvestigation

Judgment

A LALLAN CHAUDHARY AND ORS.
v.
STATE OF BIHAR AND ANR.

OCTOBER 12, 2006

B [H.K. SEMA AND P.K. BALASUBRAMANYAN, JJ.]

Code ofCriminal Procedure, 1973-Section 154-Registration of FJR-
Scope of-Complaint case-Making out several offences under IPC-
C Complaint endorsed to police for registration of crime-Cases registered by
Police only under some of the offences as disclosed in the complaint case-
Charges framed-Charges accepted by Trial Court and Sessions Court-
High Court directed the Magistrate to initiate committal proceedings as per
law-On appeal, held: High Court justly corrected the error committed by
courts below-Grave miscarriage ofjustice has been committed by the Police
D by not registering an FIR on the basis of offence disclosed in the complaint
petition-Reliability, genuineness and credibility of the information are not
the condition precedent for registering FIR.

Respondent filed a complaint case before Judicial Magistrate against
the appellants. In the complaint case offences under Sections 147, 148, 149,
E 448, 452, 323 and 395 IPC were disclosed. The Magistrate endorsed the
complaint to the Police. Police registered the case only under Sections 452,
380 and 323/34 IPC. Charge was framed only under Sections 452/323/34
IPC leaving out offences under other Sections. Trial Court accepted the
charges. District and Sessions Judge also endorsed the same. When the
F matter was taken to High Court, it directed the concerned Magistrate to
proceed in the matter in accordance with law as contained in Section 209
Cr.P.C.

In appeal to this Court, appellants contended that the complainant has
not challenged the non-framing of charges under Section 498 IPC; and that
G appellants were facing trial for 14 years and if committal proceedings are
initiated by trying Magistrate, it would impede speedy trial and thus be violative
of Article 21 of the Constitution oflndia.

Dismissing the appeal, the Court

H 202
LAL LAN CHAUDHAR Yv. STATE OF BI HAR 203

- HELD: 1.l. Section 154 Cr.P.C. casts a· statutory duty upon police ollicer
to register the case, as disclosed in the complaint, and then to proceed with
the investigation. The mandate of Section 154 Cr.P.C. is that at the stage of
A

registration of a crime of a case on the basis of the information disclosing a
cognizable offence, the police officer concerned cannot embark upon an
enquiry as to whether the information, laid by the informant is reliable and B
genuine or otherwise and refuse to register a case on the ground that the
information is not relevant or credible. Reliability, genuineness and credibility
of the information are not the conditions precedent for registering a case
under Section 154 Cr.P.C. That can only be considered after registration of
the case. 1206-B; E-F; DI

Ramesh Kumari v. State (NCT of Deihl) and Ors., 12006) 2 SCC 677,
c
relied on.

1.2. In criminal trial, investigation is proceeded by an FIR on the basis
of written complaint or otherwise disclosing the offence said to have been
committed by the accused. In the present case, a grave miscarriage of justice D
has been committed by the SHO of concerned Police Station by not registering
an FIR on the basis of offence disclosed in the complaint petition. The
concerned police officer is statutorily obliged to register the case on the basis
of the offence disclosed in the complaint petition and proceed with investigation
in terms of procedure contained under Sections 156 and 157 Cr.P.C. The FIR
registered by the Police would clearly disclose that the complaint for offence E
under Section 395 IPC has been deliberately omitted and, therefore, no
investigation, whatsoever, was conducted for the offence under Section 395
IPC. 1206-H; 207-A-C)
2. Trial Magistrate has failed to notice that in the complaint filed before
the Sub-Divisional Judicial Magistrate an offence under Section 395 IPC has F
been disclosed, amongst others. The Trial Magistrate accepted the charge
framed under Sections 452/323/34 IPC mechanically without application of
mind. The District and Sessions Judge also failed to take notice of the
miscarriage of justice by the Trial Judge. It is, in these circumstances that
the High Court has justly corrected the error committed by two Courts. G
1207-C-D)

3. No doubt, quick justice is sine-qua-non of Article 21 of the
Constitution but, when grave miscarriage of justice, as pointed out in the
present case, is committed by the Police Officer, the ground of delay of
disposal of cases or otherwise would not scuttle the miscarriage of justice. H
204 SUPREME COURT REPORTS (2006] SUPP. 7 S.C.R.

A Similarly, in the given facts and circumstances of this case, the accused
themselves would be fiable to be blamed for the delay, ifany.1207-F-GI

4. It is not borne out from the record that the complainant has not
challenged the non-framing of charge under Section 395 IPC. In fact, an
application was filed by the Public Prosecutor before the trying Magistrate
B under Section 216 Cr.P.C. for alteration of charge under Section 395 IPC,
which was rejected by the trying Magistrate erroneously. 1207-H; 208-AI

CRIMINAL APPELLATE JURISDICTION: CRL Appeal No. 1047 of
2006.

C From the Final Order dated 8.10.2002 of the High Court of Judicature at
Patna in Criminal Miscellaneous No. 25173 of2002.

Tripurari Rai, Rahul Shukla, Manoj Saxena and Pravir Choudhary for the
Appellants.

D Gopal Singh and Anukul Raj for the Respondents.

The Judgment of the Court was delivered by

H.K. SEMA, J. Leave granted.

E This appeal is preferred by the accused, nine in numbers, against the
judgment and order dated 8.10.2002 passed by the High Court whereby the
High Court directed the concerned Magistrate to proceed in the matter in
accordance with law as contained in Section 209 of the Code of Criminal
Procedure.

F We have heard learned counsel for the appellant as well as the learned
public prosecutor for the State.

The controversy involved in this appeal is in short compass being
purely a question of law and it may not be necessary to recite the entire facts
G leading to the filing of the present appeal.

Complaint Case No. 223C/1996 was filed before the Sub-Divisional
Judicial Magistrate, Sikrahana at Motihari, District East Champaran by Yogendra
Prasad - the respondent herein, to the effect that on 7.6.1996 at about 6.00
PM the accused - Lalan Chaudhary, Din Bandhu Chaudhary, Sanjeev Kumar
H @ Ghutan, Lalbabu Prasad, Bhola Shah, Nageshwar Shah, Bhagrit Raut, Joka
LALLAN CHAUDHARY v. STATE OF BIHAR [SEMA,J.] 205
Majhi and Suruj Raut having formed unlawful assembly and armed with Lathi, A
Fatta, Farsa, Nalkatwa and Rifle, illegally entered in the residential house of
the complainant and indulged in 'loot-Paat' of household articles and also
teased female members of the family. When the complainant objected to the
accused, the accused persons gave severe beating with slaps, fists and fatta
and caused bodily injuries to the appellant. The complaint further disclosed B
that the accused looted away the household articles comprising utensils, gold
articles, silver articles, wearing apparels etc. including cash. The total value
of the loot was Rs. 19,000/-, as detailed in the complaint. In the said complaint
case itself, filed before the Sub-Divisional Judicial Magistrate, the offences
under Sections 147, 148, 149, 448, 452, 323 and 395 were disclosed.

It appears that the Sub-Divisional Judicial Magistrate, before whom the
c
complaint was lodged, had endorsed the complaint to the SHO, Police Station-
Ghorasahan, District East Champaran to register an FIR and to investigate.
The SHO of the concerned Police Station, however, registered the case under
Sections 452/380/323/34 !PC against the accused. Ultimately, the charge-sheet
was submitted by the Police only under Sections 452/323/34 !PC. It would, D
therefore, clearly appear that no case was registered against the accused for
offences disclosed in the complaint under Sections 147, 148, 149, 448 and 395
!PC and no investigation was carried out by the Police in respect of the
aforesaid sections of law and committed grave miscarriage of justice.

Section 154 Cr.P.C. reads: E
"154. Information in cognizable cases.-{!) Every information relating
to the commission of a cognizable offence, if given orally to an officer
in charge of a police station, shall be reduced to writing by him or
under his direction, and be read over to the informant; and every such
information, whether given in writing or reduced to writing as aforesaid, F
shall be signed by the person giving it, and the substance thereof
shall be entered in a book to be kept by such officer in such form as
the State Government may prescribe in this behalf.

(2) A copy of the information as recorded under sub-section (I) shall G
be given forthwith, free of cost, to the informant.

(3) Any person, aggrieved by a refusal on the part of an officer in
charge of a police station to record the information referred to in sub-
section (I) may send the substance of such information, in writing
and by post, to the Superintendent of Police concerned who, if satisfied
H
206 SUPREME COURT REPORTS (2006] SUPP. 7 S.C.R.

A that such infonnation discloses the commission of a cognizable offence,
shall either investigate the case himself or direct an investigation to
be made by any police officer subordinate to him, in the manner
provided by this Code, and such officer shall have all the powers of
an officer in charge of the police station in relation to that offence."

B
Section 154 of the Code thus casts a statutory duty upon police officer
to register the case, as disclosed in the complaint, and then to proceed with
the investigation. The mandate of Section 154 is manifestly clear that if any
infonnation disclosing a cognizable offence is laid before an officer in charge
C of a police station, such police officer has no other option except to register
the case on the basis of such information.

In the case of Ramesh Kumari v. State (NCT of Delhi) and Ors., [2006]
2 SCC 677 this Court has held that the provision of Section 154 is mandatory.
Hence, the police officer concerned is duty-bound to register the case on
D receiving infonnation disclosing cognizable offence. Genuineness or credibility
of the information is not a condition precedent for registration ofa case. That
can only be considered after registration of the case.

The mandate of Section 154 of the Code is that at the stage of registration
of a crime or a case on the basis of the infonnation disclosing a cognizable
E offence, the police officer concerned cannot embark upon an enquiry as to
whether the infonnation, laid by the infonnant is reliable and genuine or
otherwise and refuse to register a case on the ground that the information is
not relevant or credible. In other words, reliability, genuineness and credibility
of the infonnation are not the conditions precedent for registering a case
F under Section 154 of the Code.

In the present case, undisputedly, the cognizable offences disclosed in
the complaint, were under Sections 147, 148, 149, 448, 452, 323 and 395 IPC.
The complaint was filed before the Sub-Divisional Judicial Magistrate and the
same was endorsed to SHO of concerned Police Station for registering the FIR
G under Section 154 of the Code. The concerned SHO of the Police Station
registered the case only under Sections 452/380/323/34 !PC. Section 395 !PC,
which had been disclosed in the complaint, was excluded from the purview
of the FIR and resultantly no investigation was carried out by the Police in
tenns of Section 156 and 157 of the Code of Criminal Procedure. It is well
settled principle of law that in criminal trial, investigation is proceeded by an
H FIR on the basis of written complaint or otherwise disclosing the offence said
LALLANCHAUDHARYv. STATEOFBIHAR[SEMA,J.] 207
to have been committed by the accused. In the present case, a grave miscarriage A
of justice has been committed by the SHO of concerned Police Station by not
registering an FIR on the basis of offence disclosed in the complaint petition.
The concerned police officer is statutorily obliged to register the case on the
basis of the offence disclosed in the complaint petition and proceed with
investigation in terms of procedure contained under Sections 156 and 157 of B
the Code. The FIR registered by the Police would clearly disclose that the
complaint for offence under Section 395 IPC has been deliberately omitted
and, therefore, no investigation, whatsoever, was conducted for the offence
under Section 395 IPC.

It is unfortunate that the Trial Magistrate has failed to notice that in the C
complaint filed before the Sub-Divisional Judicial Magistrate an offence under
Section 395 !PC has been disclosed, amongst others. The Trial Magistrate
accepted the charge framed under Sections 452/323/34 !PC mechanically
without application of mind. The District and Sessions Judge also failed to
take notice the miscarriage of justice by the Trial Judge. It is, in these
circumstances that the High Court has, in our view, justly corrected the error D
committed by two Courts. In our view, therefore, the impugned order of the
High Court does not suffer from any infirmities.

Mr. Tripurari Ray, learned counsel appearing for the appellant contended
that the complainant has not challenged the charges framed under Sections
452/323/34 IPC. It is also contended that the appellants are facing criminal trial E
for the last 14 years and if the· committal proceedings are initiated by the
trying Magistrate pursuant to the directions of the High Court, it would
impede speedy trial and the same would be violative of Article 21 of the
Constitution. No doubt, quick justice is sine-qua-non of Article 21 of the
Constitution but, when grave miscarriage of justice, as pointed out in the p
present case, is committed by the Police Officer, the ground of delay of
disposal of cases or otherwise would not scuttle the miscarriage of justice.
Similarly, we are of the view that in the given facts and circumstances of this
case, the accused themselves would be liable to be blamed for the delay, if
any.
G
With regard to the submission of the learned counsel for the appellant
that the complainant has not challenged the non-framing of charge under
Section 395 IPC, the same is not borne out from the record. In fact, an

-- application was filed by the learned Public Prosecutor before the trying
Magistrate under Section 216 of the Code of Criminal Procedure for alteration H
208 SUPREME COURT REPORTS (2006] SUPP. 7 S.C.R.

A of charge under Section 395 of the IPC, which was rejected by the trying
Magistrate, which in our view erroneously.

In the view that we have taken, we do not see any infirmities in the
impugned order of the High Court which would warrant our interference. The
appeal is devoid of merits and is, accordingly, dismissed.
B
K.K.T. Appeal dismissed.

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