SC:- No preliminary Inquiry in Cognizable offences

Supreme Court Clarifies: Police Cannot Test Genuineness Before Registering FIR

Case:- Vinod Kumar Panday &Anr. V. Sheesh Ram Saini and Ors . 2025

Core Legal Question

Can the police refuse registration of FIR on the ground that allegations may not be genuine, or that a preliminary inquiry report found no substance in the complaint?

Supreme Court’s Legal Findings

1. FIR Registration is Mandatory

The Supreme Court reaffirmed the principle from Lalita Kumari v. State of U.P. that:

Whenever information discloses a cognizable offence, police must register an FIR under Section 154 Cr.P.C.The police cannot evaluate credibility, genuineness, or sufficiency of evidence at this stage.

The police cannot evaluate credibility, genuineness, or sufficiency of evidence at this stage.

Registration of FIR is a statutory duty and not subject to subjective satisfaction of the police.

2. Preliminary Inquiry Cannot Block FIR

A preliminary inquiry report (such as the one prepared by the CBI in this case) has no conclusive value.

Such reports may be looked into later during investigation but cannot be the basis for refusing FIR registration.

3. High Court’s Power to Direct FIR

Even if alternative remedies exist, the High Court can direct registration of FIR under Article 226 or Section 482 Cr.P.C.

The Court emphasized that citizens’ right to seek justice cannot be frustrated by inaction of police.

4. Public Servant Immunity Limited

Protection under Section 197 Cr.P.C. does not apply to acts done in abuse of power, such as illegal seizure of documents or intimidation.

Supreme Court’s Directions

FIR to be registered against the CBI officers.

Investigation to be conducted by Delhi Police (not Special Cell), by an officer not below ACP rank.  Investigation to conclude within three months.No coercive action unless custodial interrogation becomes necessary. 

Significance of the Judgment

This ruling removes ambiguity on a vital legal issue:

Police cannot look into truth or falsity of allegations at FIR stage.Genuineness, credibility, or sufficiency of material is tested only during investigation and trial.

This ensures that the right of a citizen to set criminal law in motion is protected.     

This ensures that the right of a citizen to set criminal law in motion is protected.

The Supreme Court reinforced that justice must not only be done but must be seen to be done — even when allegations are against powerful investigating officers.

Keywords:

• Police duty register FIR Supreme Court
• FIR genuineness not to be tested at registration
• Lalita Kumari reaffirmed 2025 judgment
• Section 154 CrPC mandatory FIR
• FIR against CBI officers case

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This article cover the  report on supreme court judgement on registering of FIR and power of high court to register FIR even when alternative remedy available such as 175(3) BNSS  and legal points, further you can read here important judgements and legal principles laid down by Hon’ble supreme court of India, this article is posted by Advocate Shivaji Rathore (J&K high court jammu)  for more important legal topics stay connected with us, on tacit legal we post on YouTube channel also named as Tacit Legal helpful for Law students newely enrolled Advocate in India and other states, Follow us on Instagram also, Read our articles on important Questions of Law. #tacitlegal