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The Supreme Court in the case of Lalita Kumari vs State of UP had to decide upon two issues mainly if the police can register a First Information Report (F.I.R) upon their discretion. Secondly,if the police are entitled to check the truthfulness of the complaint.
The Supreme Court cleared the divergent opinions of various High Courts and held that, the police is bound to register FIR on information received of the commission of a cognizable offence. If there is any doubt as to if a complaint shows the commission of a cognizable offence, then only it can hold an inquiry only to the extent of determining if the offence is a cognizable offence and not to check the veracity of the complaint.
It is also pertinent to note that an information given by the accused, to the extent it discloses the commission of a cognizable offence also constitutes as an FIR under section 154 of the Code of Criminal Procedure.
Click here to view the judgement
