Lalita Kumari v Government of Uttar Pradesh (2014) held that registration of an FIR
ARequires permission of a Magistrate
BCan be refused by the SHO at his discretion
CIs discretionary in all cases
DIs MANDATORY under Section 154 CrPC if the information discloses commission of a cognizable offence; no preliminary inquiry is needed (with limited exceptions like matrimonial / commercial disputes / medical negligence where a short preliminary inquiry may be conducted)
Answer & Solution
Correct answer: D. Is MANDATORY under Section 154 CrPC if the information discloses commission of a cognizable offence; no preliminary inquiry is needed (with limited exceptions like matrimonial / commercial disputes / medical negligence where a short preliminary inquiry may be conducted)
Lalita Kumari (5-judge bench) clarified the divided High Court positions. Registration of FIR for cognizable offences is MANDATORY; the limited categories where a preliminary inquiry is permissible were enumerated by the Court.
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