The court further said that no priliminary investigation is required for filing an FIR. Action will be taken against officers if they fail to file an FIR, court said.
A five-judge Constitution Bench headed by Chief Justice P Sathasivamn and comprising justices B S Chauhan, Ranjan P Desai, Ranjan Gogoi and S A Bobde, said that preliminary enquiry can be conducted in other cases to find out whether the offence is cognisable or not and such probe must be completed within seven days. The bench said there is no ambiguity in the law and the legislative intent is for compulsory registration of FIR in cognisable offences. The constitution bench delivered the verdict after a three-judge bench referred the case to the larger bench on the ground that there were conflicting judgements on the issue.
With PTI inputs