Supreme Court's Verdict on FIR Registration and Investigation

Last updated: 10 February 2020

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Quick Summary

The Supreme Court has clarified that Section 482 of the Code of Criminal Procedure is not an alternative to Section 156(3) when police refuse to register a First Information Report (FIR) for a cognizable offence. The normal procedure involves first complying with Section 154(3) by informing the Superintendent of Police before approaching a Magistrate under Section 156(3). Invoking the High Court's inherent powers under Section 482 is only permissible after exhausting these remedies and typically after 15 days have passed since the initial complaint.

Court :
Supreme Court of India

Brief :
Madras High Court case of C. Kumaravel v. The Director General of Police and ors., has reiterated that Section 482 of Code of Criminal Procedure is not an alternate remedy to Section 156(3) of Code of Criminal Procedure, 1973 on refusal of police to register First Information Report on receipt of information regarding the commission of a Cognizable Case.

Citation :
Madras High Court case of C. Kumaravel v. The Director General of Police and ors.

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