K’taka HC Emphasizes Mandatory FIR Registration for Cognizable Offences

The Karnataka High Court recently emphasized that the police are obligated to register a First Information Report (FIR) when the complaint reveals a cognizable offence.

A single bench of Justice Suraj Govindaraj stated that the failure of police officers to register an FIR in such instances would amount to a neglect of their duty.

“It was but required for the police officer to register an FIR when the complaint discloses a cognizable offense. The complaint having been filed on November 18, 2022, and FIR not having been registered till date is impermissible and would also amount to dereliction of duty,” the bench stated.

The petitioner’s case revolved around the non-registration of an FIR for a complaint lodged on November 18, 2022, against certain individuals. The petitioner alleged that the police did not register an FIR and took no action in response to the complaint, which detailed an assault on the petitioner’s daughter-in-law. The complaint further outlined the forcible confiscation of her cellphone, accompanied by verbal abuse and death threats. These actions were deemed punishable offences under the Indian Penal Code.

Taking the case’s facts into consideration, the Court granted the plea and instructed the police to register an FIR against the accused and initiate an investigation into the matter.

Significantly, the Court also directed the Director General of Police to issue a necessary circular or Standard Operating Procedure (SOP) to all Station House Officers, in line with the directives laid out by the Supreme Court in the Lalita Kumari case. The Court’s directive included the provision of circulars/SOPs in both English and Kannada, along with the translation of the relevant paragraph from the Lalita Kumari case into Kannada.

Additionally, the Court mandated that the Director General of Police furnish Kannada-translated versions of the complete judgment to all Station House Officers.