Police Not Required To Go Into Genuineness Of Information To Register FIR : Supreme Court

The Supreme Court reiterated that the police is not required to go into the genuineness or credibility of a complaint at the stage of registering FIR; if the complaint prima facie discloses a cognizable offence, then the police is bound to register the FIR.

"It is the duty of the police to register an FIR if a prima facie cognizable offence is made out, the police is not required to go into the genuineness and credibility of the said information," the Court observed.

The Court noted that in Ramesh Kumari v. State (NCT of Delhi) (2006) 2 SCC 677 it has been laid down that "the genuineness or credibility of the information is not the condition precedent for registration of an FIR."

A bench comprising Justice Pankaj Mithal and Justice Prasanna B Varale made these observations while upholding the direction of the Delhi High Court to register FIRs against former Commissioner of Delhi Police Neeraj Kumar as well as one Inspector Vinod Kumar Pandey, following complaints from 2000 alleging intimidation, falsification of records, and forgery during their deputation to CBI.

Also from the judgment - 'Sometimes Those Who Investigate Must Also Be Investigated': Supreme Court Upholds Direction For FIRs Against Former CBI Officials