Supreme Court: General entry Cannot Precede Registration Of FIR, Except Where Preliminary Inquiry Is Needed

The Supreme Court in the case Shailesh Kumar v. State of UP (now the State of Uttarakhand) observed and has held that the information wherein disclosing the commission of the cognizable offence needs to be recorded as a First Information Report, FIR in the form of a book and not in the General Diary maintained by the Police under the Police Act, 1861.

The bench comprising of Justice MM Sudresh and Justice SVN Bhatti in the case was hearing the present matter.

The court in the case also referred to the case, Lalita Kumari v. Government of Uttar Pradesh and Others, wherein the Constitution Bench of this Court while answering the question as to whether the information disclosing commission of a cognizable offence shall first be entered into the General Diary or in a book kept by the Officer in charge of Police Station which in common parlance is being referred as First Information Report has critically analyzed the interplay between Section 154 of Code of Criminal Procedure, CrPC and Section 44 of the Police Act, 1861.