NALABOTHU PUNNIAHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Questioning the inaction of police in registering complaint of the petitioner dated 04.07.2016, he filed this Writ Petition.

(2.) The scope and import of the statutory obligation of the police to register a FIR upon receiving a complaint is no longer res integra. In Lalita Kumari Vs. Government of Uttar Pradesh (2014) 2 SCC 1, the Supreme Court, speaking through a Constitution Bench, summarised the law in connection with the registration of crimes as under:

(3.) In the light of the afore stated settled legal position and since the allegations prima facie disclose commission of cognisable offence, it is not open to the police authorities to deviate therefrom or show any laxity in taking appropriate action in case a report alleging cognisable criminal offence is received by them. In the event the offence alleged is a non-cognisable one, the police authorities are bound to follow the due procedure laid down in Sec. 155 Crimial P.C. In any event, the police authorities must take suitable action in the matter in case of receipt of report disclosing cognisable offence, as expeditiously as possible. However, it is needless to mention that in case a crime is registered for offences which are punishable with imprisonment for a period of seven years or less, the police authorities shall follow the judgment of the Apex Court in Arnesh Kumar Vs. State of Bihar and another 2014 (2) ALT (Crl.) 457 (SC).