registration of FIR Archives

All that MP High Court said on registration of FIR against BJP Minister Vijay Shah in Col. Sofiya Qureshi Remark Case

“This is gross subterfuge on the part of the of the State. The FIR has been drawn in a manner so as to assist the suspect Mr. Vijay Shah to be able to have the FIR quashed on a later date.”

Case Briefs High Courts

MP High Court takes suo motu action against BJP Minister Vijay Shah for using ‘scurrilous language’ against Col. Sofia Quraishi

“The armed forces… reflecting integrity, industry, discipline, sacrifice, selflessness, character, honour and indomitable courage… has been targeted by Mr. Vijay Shah who has used the language of the gutters against Col. Sofia Quraishi.”

Case Briefs High Courts

‘Transferring case to another State reflected mechanical approach’; Delhi HC directs registration of regular FIR instead of Zero FIR as offence occurred within jurisdiction

Rather than exercising its jurisdiction, P.S. Adarsh Nagar proceeded to register a Zero FIR and transferred the matter to the police in Noida. Such action indicates a failure on part of the police authorities concerned to adhere to their statutory responsibility under Section 154¹ of the CrPC.

Case Briefs High Courts

Magistrate must hear Police Officer and pass reasoned order before ordering investigation under S. 175(3) of BNSS : Orissa HC reiterates

“If the allegations made in the complaint are simple, where the Court can straight away proceed to conduct the trial, the Magistrate is expected to record evidence and proceed further in the matter, instead of passing the buck to the police under Section 156(3) of the CrPC.”

Case Briefs High Courts

Punjab and Haryana HC directs State of Punjab to ensure that FIR must be registered whenever a complaint reflecting commission of cognizable offence is made

Prima-facie case for wrongfully restraining the team of doctors and restraining them from doing their official duties was made out and both these offences were punishable under Sections 341 and 353 of the IPC. However, despite disclosing commission of cognizable offences, the police did not register an FIR.

Case Briefs High Courts

‘Forcibly entry to school, death threats, scuffles with Police’, No preliminary enquiry needed for FIR against Student Leader for cognizable offence: MP High Court

The Court opined that the objective of a preliminary inquiry is to screen out frivolous and motivated complaints, not to ascertain the veracity of the information received.

Case Briefs High Courts

[PASA, 1985] Mere registration of FIR cannot have nexus with breach of maintenance of public order; Gujarat HC quashes preventive detention order against step-father

A detention order was passed by the Police Commissioner, Surat, against the victim’s step-father and was detained under the Gujarat Prevention of Anti-social Activities Act, 1985 as a sexual offender for disturbing the ‘public order’.

Case Briefs Supreme Court

SC reminds Police to be vigilant before invoking stringent laws like SC-ST Act; expresses concern over litigants criminalising civil disputes

“The huge and unexplained delay of over 60 years in initiating dispute with regard to the ownership of the land, and the criminal case being lodged only after failure to obtain relief in the civil suits, coupled with denial of relief, reeked of malafide on the part of the complainant.”

Case Briefs High Courts

Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure

Telangana High Court: P. Naveen Rao J., while dismissing the present petition, reiterated that the scope of interference under Article 226 is

Case Briefs Supreme Court

Section 22 of MMDR Act does not bar Magistrate to direct registration of FIR under Section 156(3) CrPC; holds SC

The violators cannot be permitted to go scot free on payment of penalty only.

Case Briefs High Courts

Chh HC | Prospective accused is neither necessary nor a proper party in a writ petition seeking direction for registration of FIR and investigation into cognizable offence

Chhattisgarh High Court: A Full Bench of Prashant Kumar Mishra, Rajendra Chandra Singh Samant and Gautam Chourdiya, JJ., has held that the prospective

Case Briefs High Courts

Registration of FIR cannot form the basis for compulsory retirement of an employee in light of such an employee’s good Annual Performance Report

Jammu and Kashmir High Court: While deciding upon the petition challenging the the defensibility and legality of Order No. 36 of 2015,