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Investigation Before Registration if FIR

The police have no right to refuse registration of a case when information is presented to them regarding the commission of a cognizable offense. Instead, they should proceed with an inquiry and decide whether to register the case based on the outcome of that inquiry. If the police were allowed to decide which cases to investigate after conducting a preliminary inquiry, it could lead to delays in registering crimes, which is not permissible under the law. An inquiry cannot take place without first registering a criminal case.

Normally, a police officer can take further steps outlined in Chapter XII of the Code of Criminal Procedure only after registering a First Information Report (FIR). Although the officer in charge of a police station is legally obligated to register an FIR under Section 154 of the Code, if the allegation made suggests an offense that can be investigated without obtaining permission from the concerned Magistrate, this does not prevent the competent officer from conducting a preliminary inquiry. The purpose of such an inquiry is to determine whether the initial information provided has any substance.

The officer in charge of a police station is not obligated to prepare an FIR based on vague information received from someone who lacks authentic knowledge about the alleged cognizable offense. The officer has the discretion to gather additional details about the incident to assess whether a cognizable offense has indeed occurred and warrants further investigation.

It is not necessary to treat gossip, rumors, or anonymous calls as valid first information for initiating an investigation. Verifying authenticity and gathering relevant details before registering a case and initiating an investigation is a justifiable approach." ¹

I hope this revised version captures the intended meaning more clearly! If you have any further questions or need additional assistance, feel free to ask.

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